Posted on: 19th Jun, 2007 04:06 pm
i got divorced in 2003, and husband got property and resposibility for loan. i am still on loan, and can not get my name off. i have pleaded with him and he refuses to sell or refinance. i have tried to contact a lawyer several times, and no one seems to have the want to help. i have contacted the lender and their only solution was for ex to refinance or sell. the divorce was done in new mexico, and i currently live in az. i am at my wits end, can not buy a house, and he is late on the payments all the time. i can not do a quit claim, because of his health, and now that he is remarried, i do not want to file, then something happen, and have no rights to go back and sell the house. i need a lawyer, but running out of options in new mexico, and no one here in my town is willing to take the case, if i even have one...do i have any options left???
"I can not do a quit claim, because of his health, and now that he is remarried, I do not want to file, then something happen, and have no rights to go back and sell the house."
Hi Jdranch,
I am not sure but from your post it seems that property is still in both names. If I am right then I can tell you about one option that can be used to sell the house and pay off the mortgage.
It is known as partition lawsuit. In a partition lawsuit any of the co-owners can start a lawsuit to have the house sold and proceeds divided among the co-owners under court orders. If you start the partition lawsuit then part of the involved expenses with the lawsuit & attorney fees can also be recovered from other co-owners.
Out of the proceeds received the mortgage can be paid off. You can tell your ex that if he doesn't want the house to be sold off and would like to keep it then he will have to refinance otherwise you will start a partition lawsuit.
Contact a lawyer and discuss this legal option and how to implement it if your ex still does not agree to refinance.
Niicss
Hi Jdranch,
I am not sure but from your post it seems that property is still in both names. If I am right then I can tell you about one option that can be used to sell the house and pay off the mortgage.
It is known as partition lawsuit. In a partition lawsuit any of the co-owners can start a lawsuit to have the house sold and proceeds divided among the co-owners under court orders. If you start the partition lawsuit then part of the involved expenses with the lawsuit & attorney fees can also be recovered from other co-owners.
Out of the proceeds received the mortgage can be paid off. You can tell your ex that if he doesn't want the house to be sold off and would like to keep it then he will have to refinance otherwise you will start a partition lawsuit.
Contact a lawyer and discuss this legal option and how to implement it if your ex still does not agree to refinance.
Niicss
thank you so much, I appreciate every bit that I can get. Would I be able to get a lawyer here in AZ to do a partition lawsuit or do I have to go back to New Mexico and get a lawyer there?
"I have pleaded with him and he refuses to sell or refinance."
Does your divorce decree states that your husband has to sell the house or refinance the loan? Or was it a mutual agreement?
If the divorce judgment stipulated the sale or refinance then he would be violating court orders by not selling the house or refinancing the mortgage.
You do not have to plead before him for that. Get a lawyer and inform the court that he is not following the court decision. Court will then take necessary steps to make him do the needful.
Miller
Does your divorce decree states that your husband has to sell the house or refinance the loan? Or was it a mutual agreement?
If the divorce judgment stipulated the sale or refinance then he would be violating court orders by not selling the house or refinancing the mortgage.
You do not have to plead before him for that. Get a lawyer and inform the court that he is not following the court decision. Court will then take necessary steps to make him do the needful.
Miller
no it was not stated that he has to sell or refiance...my stupidity for not having that put in the decree...also my little knowledge thinking that filing a quit claim deed would take me off the loan, he is being stubborn on this, for reasons unknown, and he swears he will never sell or refinance
"thank you so much, I appreciate every bit that I can get. Would I be able to get a lawyer here in AZ to do a partition lawsuit or do I have to go back to New Mexico and get a lawyer there?"
As it was a mutual agreement you can select the partition lawsuit option to force house sale.
In this situation as the house is in New Mexico, the court there would be involved and you should get in touch with any attorney there. But I am not quite sure if any attorney in AZ will be able to represent you in NM or not. It would be much better if you contact any attorney here in AZ, tell him all about it and inquire whether he can do the necessary procedures in NM.
As it was a mutual agreement you can select the partition lawsuit option to force house sale.
In this situation as the house is in New Mexico, the court there would be involved and you should get in touch with any attorney there. But I am not quite sure if any attorney in AZ will be able to represent you in NM or not. It would be much better if you contact any attorney here in AZ, tell him all about it and inquire whether he can do the necessary procedures in NM.
"he is being stubborn on this, for reasons unknown, and he swears he will never sell or refinance"
Hello Jdranch
Well, you do need to have an open and a cool mind. You do need to look into options that can help you to have a mutual understanding so that you are able to settle your problem.
Hello Jdranch
Well, you do need to have an open and a cool mind. You do need to look into options that can help you to have a mutual understanding so that you are able to settle your problem.
hi jdranch,
what i can understand from your post is that, you have already transferred your share in the property to your spouse. so, going for a partition lawsuit doesn't work out here because you are no longer the owner of the property. so, i shall suggest that you consult a lawyer in new mexico itself and seek his advice on what can be done. also, you can talk to the lender and see if he is willing to allow you for a transfer of the loan to your spouse - that's what a novation is actually.
good luck
what i can understand from your post is that, you have already transferred your share in the property to your spouse. so, going for a partition lawsuit doesn't work out here because you are no longer the owner of the property. so, i shall suggest that you consult a lawyer in new mexico itself and seek his advice on what can be done. also, you can talk to the lender and see if he is willing to allow you for a transfer of the loan to your spouse - that's what a novation is actually.
good luck
Thank you, everyone for all the advice. I really thought I would be stuck in this situation forever. I have been the one that keeps asking for a resolution with my ex on this, and he just refuses. I have not transfered my share of the house, I am still on the deed and the loan, but I am willing to try anything to get my name off the loan. It has been a frustrating three years for me.
"I have not transfered my share of the house, I am still on the deed and the loan, but I am willing to try anything to get my name off the loan. It has been a frustrating three years for me."
If you are still on the title then I too feel partition lawsuit will be a suitable option to get the house sold off as Niicss has mentioned in his post.
Colin
If you are still on the title then I too feel partition lawsuit will be a suitable option to get the house sold off as Niicss has mentioned in his post.
Colin
Hello Jdranch,
In order to remove your name from the loan, you could try novation. Novation is an agreement to replace the liability of one party to pay the loans with another, usually through a mutual agreement of both the parties. You may also consult the lender and ask him whether he would allow you to do so.
In order to remove your name from the loan, you could try novation. Novation is an agreement to replace the liability of one party to pay the loans with another, usually through a mutual agreement of both the parties. You may also consult the lender and ask him whether he would allow you to do so.