View Full Version : Divorce - if the wife wants to keep the house but can't refinance
jentiggr
Oct 18, 2008, 10:09 AM
If the wife wants to keep the house in a divorce but the banks will not refinance in her name, what are the options? The husband just wants out... of marriage and off the mortgage.
Lawyer says to just take name off deed but if the wife can not make payments on mortgage it will only ruin the credit of the husband right?
stinawords
Oct 18, 2008, 10:17 AM
Which names are on the motgage right now? Loan companies don't just release people from their debts unless they are paid off. Are you trying to avoid going to court? The lawyer is right that husband can take his name off the deed but he can't just sign away his debt. I guess what I'm saying is before I can give a more qualified answer I need more detail.
cdad
Oct 18, 2008, 12:46 PM
First off can the opposing party make the payments ? Is there child support involved ? There may be ways to deal with this situation other then an outright buyout.
Fr_Chuck
Oct 18, 2008, 02:40 PM
You are correct, if the one party can not re-fi, then both names will stay on the mortgage.
If the person keeping the house does not pay in latter years,
(even if they can pay now) yes it will ruin the others person credit.
Normally they will end up selling the house if they can't refi
jentiggr
Oct 19, 2008, 05:03 AM
Well more details to this situation...
The wife can not afford to make the payments on the mortgage. She has been trying for two years and it is late every other month... the mortgage says the husbands name and marital partner or something to that effect. But she has been trying to refinance it for two years but she doesn't have the verifable income to get a mortgage. The husband says the lawyer advised him to take his name off the deed and if she defaults on the loan than the bank will just forclose...
The husband does give the wife money for child support (what she requested) but between that and the part time job money she is still late every month..
The husband just wants the divorce to be done... but is not worried about his credit... she has been ruining his credit through out the marriage I don't want to see it continue after the divorce is through... the lawyer says he can get the divorce done with just doing the deed thing... but it doesn't make any sense to me..
ScottGem
Oct 19, 2008, 05:33 AM
Has the divorce been made final yet? In the divorce decree, which the wife must agree to, it could be ordered that the deed be transferred. However, if the lender wants to, they can call the loan when that happens. So the wife would not be smart to agree to it and, unless she does, it couldn't be ordered by the court.
Alimony should be considered in a loan application.
But it sounds to me like the smarter thing would be to sell the house, especially if the husband is willing to give up his interest in it, then use the proceeds to buy something she can better afford.
jentiggr
Oct 19, 2008, 05:47 AM
The divorce is not final... She says that she will not sign it because in the paperwork it states that she has 45 days to refi or she must put the house on the market at fair market value..
Call the loan? What is that..
There will be no Alimony... only child support
She refuses to sell the house and the Husband is says he can not sell it without her consent. But she is just continuing to ruin his credit every month she is late.
ScottGem
Oct 19, 2008, 06:12 AM
Call the loan means that the full balance has to be paid immediately. All mortgages have a due on sale clause which allows the lender to demand that the balance be paid in full if the ownership of the property changes.
Well, if she won't aggree tot hose terms, it goes before a judge to make the final decision. The judge may very well order that provision as it's a pretty standard one.
cdad
Oct 19, 2008, 08:35 AM
Does the child support equal the house payment ?