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    lucider's Avatar
    lucider Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 21, 2007, 07:39 AM
    House problems
    Hello, I have been with my partner for 18 months now, and he got divorce 3 yrs ago , his name is still on her mortgage, and we have asked her to sort this out and to have his name taken off, now nothing as been done, and its like talking to a brickwall, another thing in his divorce settlement I says , that in her bes wishes that she as to show proof tha she is trying to tak name off the mortagge, now nothing as been done and also if she doesntt proceed, he can force her to sell , now we don't actaul know how to do this, we have been to speak to someone about this and they said it could cost up to 10 thousand to ge his name off, seems a lot but we just need it off so we can start a life and buy are own house together, and she is stopping us from doing this , hope you can help
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Aug 21, 2007, 07:45 AM
    The ONLY way she is going to get his name off the mortgage is if she refinances. The lender is not going to allow his name taken off. They are not bound by the divorce settlement.

    She needs to show you that she has applied for refis and been turned down. If she doesn't, he can take her back to court and have the court order that she put the house up for sale.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #3

    Aug 21, 2007, 09:21 AM
    If I understand you, the divorce setlement says that the ex-wife must cooperate to remove his name from the mortgage - correct? Well, if she's not fulfilling the terms of the divorce decree then it seems to me a lawsuit would force the issue.

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