Divorce and an Assumption Loan?

briankeithharper · Joined: 02 Sep 2008 Posts: 2 1.67 Dollars($)

I have been divorced from my ex-husband for four years now. When I left him, he stayed in the house and I got an apartment, him paying the mortgage and me paying my rent. I have now remarried and my new husband and I want to buy a home but we have a problem.
My name is still on the mortgage with my ex-husband and when he tried to refinance to get my name off the mortgage, he was denied. I signed a quick claim deed before he tried to get refinanced because I was told I needed to. So now I have no rights to the property, but my name is still on the mortgage making me partially liable for it.
My new husband and I were denied a loan because I am still on that mortgage.
What can I do in order to get my name off that so I can get approved to buy a new home?

jameshogg · Posted: Tue Sep 02, 2008 11:16 pm Post subject:

Welcome briankeithharper.

I don't there's any other option but to convince your ex husband to sell off the home and pay down the mortgage. Has he been making the payments so far? If he can't pay and is being denied a refinance loan, it's better for him to allow for the sale.

Thanks

briankeithharper · Joined: 02 Sep 2008 Posts: 2 1.67 Dollars($)

That's the thing....He won't sell the house. He was behind 3 months on the mortgage and I gave him some money to help. There has to be a way for me to get off this loan!!!

Please HELP!

helping_user · Posted: Wed Sep 03, 2008 11:53 pm Post subject: RE:

I think there's a way out. Why don't you bring about a forced sale of the home by filing a partition lawsuit . I think that may help you pay off the mortgage at least. Consult a real estate attorney in this regard.

Thanks.

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