0
In Texas I refinanced my home with my new husband I never changed the title Now separated the mortgage co. will not speak to me about the loan They state the loan is only in his name Can they do that?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Is your ex husband responsible for a mortgage refinanced?
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.
How do you divorce your husband and legally transfer your interest in the marital home to him?
Before the divorce? Not sure that you can if both names are on the deed/lease. Unless you can get a restraining order of some type. If your name is the only one on the deed or lease you would have to serve him an eviction notice.
Do you need to refinance your house if your ex husband signed a quit claim deed as part of a divorce agreement?
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.
Can you walk away from mortgage if husband not paying mortgage and you are separated?
You cannot "walk away" if you also signed the note and mortgage. In that case you must pay even if your husband doesn't. If the mortgage isn't paid, the property will be taken by foreclosure and your credit will be ruined. You should consult with an attorney who can review your situation and explain your options.
If i buy a home in my name while separated can a lien be put against it if my husband's home is forclosed on?
It sounds like you are not on the mortgage with your husband on your previous home. If he is foreclosed on, and you are only on the deed, then you have no financial liability. If you are buying a new home and you are on the mortgage with your husband, you won't be able to get a mortgage because you are on the verge of foreclosing Be careful when buying a home while separated however. Depending on what state you live your husband may be entitled to half the equity in your new home in the event of a divorce. Its called community property Here is a list of community property states: http://www.bankapedia.com/mortgage-encyclopedia/residential-mortgage-terms/121-community-property
How can I get a loan for a home since my name is on the mortgage of the ex husbands house and in the divorce he is responsible to pay for it?
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.
If you apply for a mortgage loan can you put your husbands income on the application also even if he is not applying for the loan with you?
You can use income that is at your disposal. If you will have access to your husband's income as a household income for this mortgage then yes you can. If you are separated and he will not be living in the house then the answer would be no.
What does estranged husband mean?
wife separated from husband pending divorce
Your husband owned a house in North Carolina before you were married But after you married he refinaced it the deed is in your name but the loan is not Do you have a legal right to the house?
If your husband refinanced his home and then conveyed it to you then you are the owner of the property subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property. If your name is on the deed as the grantee then you have a right to the use and possession of the property until you convey your interest to someone else by a quitclaim deed. If your name is on the deed WITH your husband then you own a half interest and have the right to the use and possession of the whole property.
My husband signed a quitclaim deed to me but I never refinanced to remove his name from the mortgage note and it has been seven years. Can I be forced to sell my property or sued?
If your husband signed the deed as part of a separation agreement that you refinance the property in your own name and you didn't, then you are in contempt of a court order. You should consult with an attorney, preferably the attorney who represented you in the divorce.
Is Kelley Earnhardt and her husband separated?
Kelley Earnhardt and her husband separated in 2007 and later divorced in 2008.
I pay the mortgage but my husband paid for the house is it my house?
If you are paying the mortgage, your husband didn't pay for the house. The bank owns the house and you and your husband have an equal share in the equity.
