Ex-wife on mortgage

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My husband and his ex-wife bought a house while they were married. In the divorce he quit claim deeded it to her and in return she was supposed to refinance to get his name off the mortgage. Since then she has filed bankruptcy, but kept the house, and says she has no intentions of refinancing it. We have a house of our own and have no interest in hers. She has made the past two payments late and we are worried she will continue wrecking his credit. My question is, can my husband file bankruptcy on her home in order to get his name off the note?

jenkin7 · Joined: 04 Jun 2007 Posts: 887 132.55 Dollars($)

Hello Roxanne,

Welcome to the forum.

Even if your husband files bankruptcy then his name will not be removed from the mortgage. He should have asked his ex-wife to refinance the mortgage on her name when he has quitclaimed.

Now you should consult with his ex and you may help her to pay the mortgage or ask her to sale the property and pay off the due mortgage.

Feel free to ask the community if you have any further query

Niicss · Joined: 03 Oct 2005 Posts: 807 118.35 Dollars($)

Welcome,

Filing Bankruptcy will not help you or remove your husband’s name from the mortgage. It will rather have a negative affect your on your credit report.

If your husband's ex wife cannot refinance then ask her to quitclaim the property back to your husband so that you can sale of the property. Or you can inform the lender about this situation. He may help you out.

Let me know if you have any more queries.

jbarto65 · Joined: 04 Nov 2007 Posts: 591 4.82 Dollars($)

Filing bankruptcy would destroy his credit more than a few missed/late payments, hopefully you can get this resolved soon so that you can get back on track, he needs to call the mortgage company and try to explain that he quit deeded the house to her, maybe they would force sell. Either way he is in the losing end of things if she is late or he files bankruptcy.

brian1 · Posted: Fri Jun 20, 2008 8:57 pm Post subject:

Take her to court and =get a judge to force her to follow through with the agreement. He does have the agreement in writing doesnt he?
If not he is in trouble as he has a financial obligation for a home that he has no ownership to.

Brian

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