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naneliz2 · Joined: 24 Oct 2008 Posts: 4 3.20 Dollars($)

I have been divorced for over four years. My ex's name is still on the mortgage even though I pay it (on time) and the taxes and have for several years now. I have been trying to refinance to remove his name but they denied me and told me to try again in six months. Now my ex is threatening me and trying to force me to sell the house. I refuse. Since I am not defaulting on the mortgage and pay every month on time is there anything he can do to force me to sell? And if so, is there anything I can do to stop him? Losing my home would mean losing my business (my pottery studio is in my home) and my livelihood. What can I do until I am able to refinance?

smithsussane · Posted: Fri Oct 24, 2008 8:44 pm Post subject:

Hi naneliz!

Welcome to forums!

First and foremost no-one can force you to sell your house. I believe your name is on the property deed and not on the mortgage. Let me ask you -- is your ex's name on the property deed? If not, then he will stand no chance. But if his name is on the property title, he may file a partition law suit to enforce a sale.

In my opinion it will be better if you can take some legal help. The attorney will suggest you as to how you should deal with your ex in this matter.

Feel free to ask if you have further queries.

Sussane

jerry · Posted: Sat Oct 25, 2008 3:33 am Post subject:

Hi naneliz!

You can try for novation if refinance is not possible at this point of time. This is also a way in which mortgage can be transferred however lenders normally prefer refinance. As you have always paid the mortgage on time, may be the lender will accept the novation.

Thanks,

Jerry

naneliz2 · Joined: 24 Oct 2008 Posts: 4 3.20 Dollars($)

Thanks Sussane and Jerry for your comments.

Sussane, both of our names are on both the mortgage and the deed. So I guess that means he can file a partition law suit. If this is the road he takes is there anything I can to stop that? Does the fact that I pay the mortgage and the taxes and that I live in the house have any bearing on that? Basically, I am wondering what his chances are of making me lose my house. It is hard for me to believe that I could lose it as long as I am paying for it just because he wants his name off the mortgage.

I will be seeking the help of a lawyer within the week, but any advise you can offer at this time would ease my mind tremendously. The fear of losing my home is worse than going through my divorce. ugh...

bearboysj · Joined: 25 Oct 2008 Posts: 42 17.02 Dollars($)

My question is why is the lender/broker telling you to come back in 6 months? What was the denial for, if I may ask? Since you are on the deed and the mortgage, you shoud be able to do a refiance and have him quit claim off title at closing.

I don't understand why you would be told to come back?

Posted: Sun Oct 26, 2008 1:27 pm Post subject:

I was told to wait six months in order to build up my credit rating. I also need to have a longer income history since I was a full time college student until two years ago when I started my business. These are the reasons they gave me.

It is very frustrating since whether or not I refinance I am still the one paying the mortgage.

naneliz2 · Joined: 24 Oct 2008 Posts: 4 3.20 Dollars($)

Oops. I wasn't logged in when I replied above.

Niicss · Posted: Mon Oct 27, 2008 3:32 am Post subject:

Hi naneliz!

As far as I can understand, the lender is not ready to refinance the property before six months. There is chance that your ex may file a partition law suit against you. If he doesn't file within the six months then you can refinance the mortgage. If possible you can take some legal help and check if you can forbid him from filing the partition law suit.

Thanks.

Guest

I gave my SBP from the army to keep the house and the judge awarded the house to be pass down to the kids because of bad credit I can't get help from the bank. Is their any Federal Program to help innocent spouse save the house.

adonis · Posted: Thu Dec 04, 2008 1:48 am Post subject:

Hi BERNIE,

You haven't mentioned your credit score. But as far as I know, you can get a FHA loan provided you have a credit score of 580. However, if you want to qualify for a FHA loan with such a low credit score, then there shouldn't be any late payments or collections in your credit report.

Thanks.

Guest

will a partition law pertain to me if our final divorce allows my ex-spouse to remain in the home until our minor children reach the age of 18.I am nearing eviction due to my near indigent status.Help me

jenkin7 · Posted: Wed Jan 06, 2010 12:02 am Post subject:

Hi Darlene,

I don't think the partition lawsuit can force a sale of the house, because the court has already given its verdict allowing your ex to remain in the home. The partition lawsuit will contradict the court order. Hence, it does not seem possible that the partition lawsuit can forcefully sell off the home, disregarding the court order given at the time of the divorce.

Guest

We are dealing with my Fiance's ex refusing to refinance their joint mortgage, leaving his name on. This also has prevented us from obtaining a mortgage. He was told to sign a quitclaim, in order for her to refinance (sneaky) and he did. Now he will most likely have to take her to court to remedy the situation.
I wish we did have the option of forcing her to sell the home if she won't refiance. The whole situation is completely unfair to him. She wanted the house, the mortgage and he happily gave it to her. Now to be treated like this, as her fiancial backer? Not proper.

jerry · Posted: Wed Jun 30, 2010 2:37 am Post subject:

Hi Gabrielle,

It is true that unless your fiancé's ex refinances the loan in her name, he will be liable for the mortgage payments. In case, if she defaults the mortgage payments, your fiancé's credit will be ruined. Your fiancé should negotiate with her and convince her to refinance the loan in her name or sell off the property.

Thanks,

Jerry

Guest

I've been trying since my divorce to refinance but the banks have denied me because of my debt to income ratio. I'm now having trouble with the refinance because I lost my job for 6 months and therefore do not have enough work history for the bank to issue the loan. My ex signed a quit claim deed to me and I told him that I would refi the mortgage loan, but there is nothing in my divorce papers that state I "have" to refi or sell. It only says I have to take on the payments. Which I have done every month, and they are never late. This has gone on since late 2007 and he's frustrated and I can understand why, but there's nothing I can do at this point. I've tried. Now he has a JAG lawyer trying to subpoena my documents from those "attempts at refinancing" Can that even be done? Can a JAG lawyer even request something like that in a domestic case?

He is no threatening me stating that if I can't find a bank to do the refi then I will have to sell the house. Is that possible? I have three small children living with me in that home. Will a judge demand that I sell if I cant refi? Even though none of this was in the original divorce decree?

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Can my ex force me to sell my house?