Responsibilty and ownership rights in the home is different from rights and responsibilities for the loan. Anyone who signed the loan note is responsible for the monetary debt.
Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.
First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.
You would need to refinance your mortgage loan to remove the ex.
The owners of the property must sign the mortgage so the lender can take possession by foreclosure in the case of a default. Any co-signer should be fully informed that they will be responsible for paying the mortgage if the primary borrower defaults.The owners of the property must sign the mortgage so the lender can take possession by foreclosure in the case of a default. Any co-signer should be fully informed that they will be responsible for paying the mortgage if the primary borrower defaults.The owners of the property must sign the mortgage so the lender can take possession by foreclosure in the case of a default. Any co-signer should be fully informed that they will be responsible for paying the mortgage if the primary borrower defaults.The owners of the property must sign the mortgage so the lender can take possession by foreclosure in the case of a default. Any co-signer should be fully informed that they will be responsible for paying the mortgage if the primary borrower defaults.
You should consult with an attorney who can review the situation and make certain the transfer is executed properly to protect your ex-wife's interest.Your ex-wife must voluntarily execute a deed that transfers her interest to you. However, if there is a mortgage on the home signed by both parties your ex-wife will remain responsible for paying that mortgage. That type of transfer of interest in real estate should be negotiated during the divorce proceeding and the existing mortgage should be paid off and refinanced.In exchange for her interest in the property your ex-wife must be released from responsibility for paying the loan. Generally, the only way to remove a name from a mortgage is to pay off that mortgage and refinance.
AnswerYou need to review the term of your divorce agreement. It may require that you refinance.Property that was once marital property and that is being transferred from one former spouse to the other pursuant to a separation agreement should always be refinanced by the receiving party. Otherwise, even if they have conveyed their interest, the ex-spouse remains responsible for paying the mortgage. If it goes into default his credit will be ruined.Your ex-husband should have insisted that the property be refinanced in consideration of his transferring his interest to you. The only way for him to be released from the mortgage obligation is for the mortgage to be paid off and then refinanced.
No she is not at all responsible for the bills.
You cannot "get out of" a mortgage. The mortgage must be paid off and refinanced in the name of the new single owner. That issue should be addressed in every divorce agreement.
no
Sadly, no.
Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.
You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.
If you mean, the child's mother (ex-wife) has custody, the child's father (ex-husband) is obligated or potentially obligated for support.
Yes they can. Your (ex) husband is on the title - with his name never having been removed by any official means (a divorce decree does not do this, nor does it have the power - I learned that from personal experience) like doing another refinance after the two of you became estranged.
Whoever the divorce decree says owns it, unless some more recent document explicitly changes that. That said... "you and your ex refinanced after the divorce"? That's ... unusual.
If the judgments are by a third party against the ex-husband as the only defendant then they are not your mother's debts. If they mention her name as a defendant her estate is responsible. If the judgments were granted to her ex-husband against HER then he can make a claim against the estate as a creditor.
No, you would not be responsible for your husband's alimony payments to his ex-wife if he can't pay. Your income is not considered a factor in payments. Depending on the agreement, your husband may modify the alimony payments in court if he can show proof he is unable to pay.