[tatesdivorce]

Been divorce for 8 years an my ex like to stir up trouble all the time her name is still on are home loan and do to my credit being very poor I cannot get it reifance in any way so now she wants be too sale the place with a court order what can I do to stop this

[smoothy]

Who got the house in the divorce? If her name isn't on the Deed, and if you was awarded the house in the divorce it should have been taken care of and she couldn't do anything. Being on the loan provides no legal standing on the property at all.

Now if her name is still on the deed to the property and only if it is... then she does have a legal right to a partition sale... which is what it would be called.


Notice I said DEED... not mortgage... they are two VERY different things. The name or names on the deed determine who owns it... the name or names on the mortgage deterines who's obligated by contract to PAY for it... as I said... seperate issues.

The fact of having a name on the mortgage carrys no legal rights to the property (except for the lien holder)... only the names on the deed do that.

[JudyKayTee]

If you were awarded the house she cannot sell it - it's not hers (whether or not the paperwork was filed). If she was awarded the house she can sell it and you have no say (again, whether the paperwork was filed).

What does your divorce decree say?

And Smoothy is correct - Deeds and mortgages can be in different names. The Bank is never happy with this but I've seen it happen.

[AK lawyer]

...the name or names on the mortgage deterines whos obligated by contract to PAY for it....as I said...seperate issues. ...

Actually, who is on the mortgage note determines who is obligated to pay.

If she is on the note and you fail to make a payment when due, she could in theory be liable.

If she is on the mortgage, but not on the note or deed, it's meaningless. She has no right to the property, and she is no obligated should you fail to pay.