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I signed off on the house during the divorce The loan is in my name The deed is in both our names TX He refuses to refinance How do I get out from under the mortgage so that I can buy another home?
Wiki User
∙ 14y ago
You should have addressed that situation at the time of the divorce. When a divorce decree is entered, generally, the parties should be free and clear of any claims they may have had against the other. All matters should be resolved, especially an outstanding shared debt.
I am assuming that when you state that you signed off on the house you transferred your interest to your ex-husband by deed. If that is correct consider this: At the time of the divorce negotiations, your leverage was your interest in the property. Part of the agreement for you to transfer your interest SHOULD have been that your ex-husband refinance the property in his own name to take your name off the outstanding debt. If the loan was in your name, it should have been paid off at that time. You have no leverage now.
If you were represented by an attorney you should contact her/him and ask why this matter was not resolved at the time of the divorce. Your lawyer was responsible for addressing this situation on your behalf and was paid to represent your interests. If that is not possible then you should consult with an attorney who could review your present situation and file a claim in a court of equity.
Wiki User
∙ 14y ago
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What options are there if spouse refuses to pay one half of mortgage payment?
The options include: stop paying the mortgage and let the bank repossess the house; pay the entire mortgage yourself; divorce the spouse and move out; divorce the spouse and stay, while your spouse moves out; find out why your spouse refuses to pay half of the mortgage and see if some agreement can be reached; seek cheaper housing; go on an extended backpack tour of Europe; enlist in the army. That's about it.
You signed off on the house during the divorce The loan is in both names The deed is in his name TX He refuses to refinance How do you get out from under the mortgage so that you can buy another home?
You have a serious problem. This matter should have been resolved at the time of the divorce. Your ex-husband should have been required to refinance the property to get your name off the mortgage in exchange for your signing your interest in the property over to him. All your bargaining power was present BEFORE the divorce was granted. Your leverage was your interest in the property. If you were represented by an attorney that attorney failed to protect your interests if this issue was left unaddressed and you should complain to your state board of bar overseers. Generally, when a divorce is granted, the parties declare that all matters between them have been addressed and they will have no further claims against each other. Unfortunately, you left yourself responsible for the mortgage on your ex-husband's property. If it goes into foreclosure your credit will be ruined. You need to consult with an attorney who can review your situation and discuss your options.
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