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.
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.
You need to talk to an attorney (solicitor) about this, the details in the divorce settlement are what matter.
If the house was awarded to your ex in a divorce, but the title (deed) has not changed, you would have to list it, probably in the Statement of Financial Affairs, and explain the situation. The trustee will want to see the divorce court order.
No. A divorce is granted by a court decree, and is not something that can be nullified except by application by the parties before the divorce becomes final.
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.
If your husband has already divorced his ex-wife, she is not entitled to any of his assets that weren't already divided during the divorce. The only exception would be if he has outstanding obligations to her (payments he is not making). If he is not paying his obligations, she can attempt to garnish wages or go after any assets he owns, including any property that he owns. If that is the case, she would be like any other creditor seeking a bad debt, and could go after any property in his name, regardless of when it was purchased or with whom.
wait until all divorce issues finished
You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.
Yes. The best thing would be to either get the house in the divorce, or get everything, including the mortgage, signed over to your soon to be ex.
Sorry, but I don't see how this could happen. Was your ex granted the house in the divorce proceedings. Or were you still on the title? If you want to email me perhaps we could sort it out together. You're best option would be to contact the attorney who handled your divorce. The house should have gone into the bankruptcy proceedings unless it was covered by exemption and the loan was reaffirmed by your ex. This sounds ver odd and complicated.
Your divorce attorney should have assisted you with obtaining a deed from your ex. You could contact that lawyer and ask assistance now. If your ex will not execute a deed that conveys their interest to you then you can obtain a certified copy of the final divorce decree that ordered the return of the property to you and record it in the land records.
It depends if his already been divorce from his ex wife. But not before he have a written divorce papers saying he is finally divorce.