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Divamain · Mar 22, 2011, 06:56 AM

Hi

I am in a bit of a pickle. I am divorced for a year. My house is supposed to be transferred onto my name but I am not credit worthy of doing so. My ex husband is living in the house and just refuses to contribute towards the bond repayments because his excuse “I don't work, where must I get money” What can I do. It will not be worth selling because there is too much outstanding on this property.

smoothy · Mar 22, 2011, 07:06 AM

You will have to sell it then. Expecting him to keep it in his name for your benefit isn't going to cut it. He would be obligated legally to certain expenses that are technically no longer his... and liability as well as long as his name is associated with it.

Until his name is off it... its still at least partly his house legally. You have to take whatever steps are necessary to get it into your name or sold, or forfeit it and free yourself of the responsibility.

Divamain · Mar 22, 2011, 07:17 AM

Thanks Smoothy

So what you saying is that if or when I sell the property, he wiil still be entitled to half of the 50c I'll make off it if the property is still 1/2 in his name?

smoothy · Mar 22, 2011, 07:29 AM

That depends on what the Divorce decree said... if you was given the house (which assumes YOU have to take the steps to put it into your name alone) then no, he would not be entitled to it.

Even if as you stated... its only $0.50.

But as long as his name is on it... he has to be an active participant in the sale. And he can argue he agreed to sign it over to you in its entirety (once the mortgage is refinanced out of his name per the court)... not to sign it over to someone else.

And make it difficult. But if as you said... there is effectively zero equity... I can't see why it would be worth his time to fight and demand half of what won't buy a meal for one at a soup kitchen.

It should be a relief just to be free of the obligation (from either of your perspectives).

Or you can go back to the court and have him removed... but it will come up you haven't put it into your name and it costs both of you even more money in legal fees. Something I am sure neither of you wants at this point.

Divamain · Mar 22, 2011, 07:44 AM

For me it's about shelter for me and my two kids aged 6 and 12.
And given my credit rating I will not be able to purchase a house for a very longtime.

This is what my divorce order states:

The divorce order states that the defendants half be transferred to the plaintiff's which is me.
The defendant must sign all documents
And authorizing the sheriff in and on the defendants stead - if he refuses to sign within 14 days.

smoothy · Mar 22, 2011, 07:50 AM

You also are legally obligated to get the mortgage into your name alone as well as part of that. That means a refinance. I think That's the source of the problem. I understand you haven't been able to thus far... and that's no small thing.

Just saying... if it was me... until its done lock stock and barrel I would resist as well. Still, no equity is better than underwater.

I would have no part in signing anything out of my name as long as I had any responsibility on the mortgage. The two while actually separate are really part and parcel to each other when it comes to a dvorce decree.

This might end up back in court because of that. There are far more ramnifications than simply a name on the loan. If I was presented with the Refi papers taking my name off any obligations, then signing a quit claim deed would not be a problem if I was in this same situation.

Like I said... with the deed should go all legal and financial obligations as well.

joypulv · Mar 22, 2011, 09:54 AM

The odds of all amounts owed, taxes and mortgage I assume, being equal to the value of the home would be very, very unusual, unless you have been keeping track and wrote here when they really did cancel each other out. So the first thing I would do is sit down and add them up, and find out from a real estate agent just what the house would be worth in today's market.