In my divorce I gave my ex-wife the home, yet did not realize I needed to require her to refinance the loan, so I am not on title but still on the note. She has caused many problems to my credit, including a medical bill she let go to collection for $100 while we were separated (which is only on my credit and not hers because I was the primary on the insurance), and a missed credit card payment. Recently, she forgot to pay 2 mortgage payments - one was over 30 days and hit my credit report, and the other was almost over 30 days. She was able to get that removed by lying to the bank that it was because they sent the bill to her brother's house, but the reality is that she is so irresponsible, she simply didn't notice that for 2 months she didn't write a check for her largest expense. I have asked multiple times for her to refinance - the current bank even offers a program to take me off of the loan if she qualifies as an independent without charging any points or changing the terms. However, she refuses. She wouldn't even sign a letter to the bank changing her as the primary instead of me! My problem is that if she applied 2 years ago she could have used her alimony to qualify no problem. But she doesn't work, hasn't worked in 15 yeras, and seems to have no desire to find work, so I'm afraid now, even if she would try, she might not qualify as the child support alone is only $300 more than the mortgage payment.

Is there anything I can do to have the court force her to try and refinance, or if not, to let me make the payments out of the money I am supposed to send her? My credit is finally getting stable again and I am worried she will cause me more problems. Thank you.

talaniman

I presume you had a lawyer, and should contact him with your concerns. He is familiar with the details and can best give advice or a recommendation to a specialist. That's what you'll need to restructure the terms of your divorce and get the finances on stable grounds.

starwarsgal

Oh no, so you are responsible for the loan and have no vested interest in title?
not good.
If she refuses to refinance you are stuck. . . And it sounds like she would not qualify (job history, income, etc).
Why not ask her to sign a warranty deed putting you back on the vesting as unmarried man and woman with equal rights on title?
AND that way you can take her to court and force her into a sale or a refinance to take you off?
*you should be able to do that if you have vested interest in the property and are equally responsible for the loan.
not sure if this helps.
i have been in the business for years, (mortgage financing) and it sounds like she would not come close to qualifying for a good loan with her unemployment.
good luck.