I've been divorced for 4 years and my ex-husband is the only one on the mortgage. I received the house in the divorce and I've been making payments on time ever since the divorce.

Because of my income and credit I have been unable to assume or refinance the loan in my my name. Can he legally get the house because I can't take over the mortgage? He keeps calling and emailing me threatening legal action.

I have never paid late.

Hello s:

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Can my ex legal take the house because I can not assume the mortgage?

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No.

excon

Probably not, but it would depend upon the specific terms of the divorce decree. Did the decree require you to make your best efforts to re-finance, or words to that effect?

In other words, it doesn't appear that you are in violation of the divorce decree. Check with the attorney who represented you in the divorce, to be sure.

Is your name on the deed? Did he sign the property to you so your name is the only one on the deed? When was the last time you tried a refi?

As the others noted, it depends on the language in the divorce decree. If the decree requires you to refi, then you might be held in breach. Otherwise he doesn't really have a case.

It isn't something I would worry too much about unless in the divorce you were ordered to refinance in your own name. It could be that he is wanting to take out a loan on something else and the bank won't extend any more credit to him until that is paid off, so he is trying to force you into taking over the mortgage. For your own peace of mind I would double check your divorce papers/contact your lawyer that represented you and make sure there wasn't a stipulation that you have the loan placed in your name in a certain time frame.