we just continued divorce that was going before we bought the house . the house isn"t even mentioned in divorce . the boyfriend is living with her now. i want my name off mortgage . theres no equity . she says she cant refinance alone .can i put the house up for sale ?can i use the garage ?what are my rights?
2007-05-27 07:12:14 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
If the deed is in your name, you can do whatever you want with the house. If not, you're gonna have to talk to her or have your lawyer do it.
2007-05-27 07:27:31 · answer #1 · answered by charliecizarny 5 · 0⤊ 0⤋
In Michigan, and probably in most states, you should file a motion to re-open the divorce, or to amend the judgment of divorce, saying it was not final because it did not contain a full and complete disposition of all of the marital assets. Alleged that the failure to include this was an oversight. (just what did your divorce lawyer do anyway? Did you even have one? I believe it would be malpractice not to address this issue)
If re-opening the divorce is not possible, file a totally separate lawsuit to ask the court to partition or sell the house. One caution thought: If there is no equity, it is likely that she, or you, individually or jointly will actually have to PAY to sell the house, to cover closing costs such as realtors fees, etc.
In the VERY LAST resort move back into the house because if you are a co-owner and she cannot keep you out without a court order.
It is very important that your name come off the house and, probably more important the mortgage, because if she stops paying the monthly payments your credit will be adversely affected. Further, it is likely you will not be able to purchase a new house with the existing mortgage as a debt on your credit report (unless you make a lot of $$).
BTW If she cannot refinance alone, her new boyfriend can co-sign as long as he is living there.
BTW2.. The above assumes you do not have children that you are responsible for as part of the divorce. If you do, and are paying child support, a judge will probably not force the sale of the house where the children live or allow you to move back in. However, you may ask for permission to pay the house payment directly (in whole or part) and deduct the amount you pay from the child support due to protect your credit.
2007-05-27 07:39:11 · answer #2 · answered by Attorney 5 · 1⤊ 0⤋
Geez, where were your lawyers to let this happen that the house wasn't mentioned as part of a property settlement? And what were you thinking to buy a house together if you were already in the process of a divorce, without written agreement as to what would happen to the house?
You can't just take your name off the mortgage. I'd suggest seeing a lawyer for advice on this one. You've already got a problem - no point making it any worse.
I'm assuming from your question that the house is in both names. If it's in yur name only, then you could sell it.
2007-05-27 08:28:25 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
I wouldn't start any trouble....but what I would do, is talk her into selling, give her some money to do it....but alot depends on the state you live in...if it is a community state, then she gets half of everything, if you have children together she gets it all. If she is on the loan then what ever you do she has to be apart of it.....What ever you do... don't create problems for yourself because now she has a house attorney....be very very kind to him and too her.....I can't really tell you what to do because i don't know the whole situation. What is important, is to know what her needs are, once you know that then you can apeal to her needs without her knowing what your real intent is... If you try to move **** into the garage she will seek help from a real attorney and then your screwed,exspecially if you have equity. What ever you do don't loose your cool and take your time.
2007-05-27 07:42:06 · answer #4 · answered by qualifyEz 1 · 0⤊ 1⤋
I don't think you can just sell the house with out her agreeing but you can do whatever else you want to do to the house. Make her life hell there until she agrees to sell it.
2007-05-27 07:23:59 · answer #5 · answered by MissTT 3 · 0⤊ 0⤋
Dear friend
I think you should update yourself with the proper and exact information for your issue. i would recommend you to go through the following website to get the correct and brief information. Thanks
http://www.usalegalcare.com/divorce.htm
2007-05-29 20:10:39 · answer #6 · answered by ikkidifenix83 2 · 0⤊ 0⤋
It matters not if your name is on the Mortgage. Is it on the deed?
2007-05-27 07:53:20 · answer #7 · answered by hexeliebe 6 · 0⤊ 0⤋