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combined111 · Jun 10, 2014, 04:44 PM

Hi I am legally separated for over 5 years now. My ex is still living in the house with my 3 kids and her boyfriend. I am wondering if there is a way to get my name off the house. I can't afford a divorce as I just had to fight for visitation with the ex. But, the ex is killing my credit score, she is never paying on the mortgage I think that the house might be in foreclosure and I don't even live there. Are there any options?

ballengerb1 · Jun 10, 2014, 04:46 PM

Are you both named on the mortgage, how about the title?

smoothy · Jun 10, 2014, 04:50 PM

In a divorce settlement the court can decree the person getting the house obtain refinancing in their name alone. But until then you really can't make them. And ballengerb1 makes a really good point. If your name is on the title (deed) as well they would be foolish to refinance it in their name alone until its in their name alone.

ScottGem · Jun 10, 2014, 04:57 PM

Yes there is. She has to refinance the mortgage in her own name. As part of the refi, you have to sign the deed over to her.

Clearly that is unlikely to happen so you are stuck.

Fr_Chuck · Jun 10, 2014, 07:57 PM

Is there a way, and is it possible is two different things.

In the divorce or if she agrees, she has to get a loan on her own, or with her boyfriend that pays off the current loan.

But if your credit score is being hurt, hers is also. So the odds of her getting a loan on her own. To pay this off, may be slim?? Only you know that

Even if the court orders her to. Do it. Unless she can, it will not happen.

Also the divorce court may order the house to be sold and the debt paid off.

The divorce should have been done with the child cusotdy and visitation, it would not have cost much more

AK lawyer · Jun 11, 2014, 06:34 AM

I think that the house might be in foreclosure and I don't even live there.

If it is in foreclosure, you would have to be served with process. So, unless you were served at the wrong address, you would know. Assuming that judicial foreclosure is the pattern in your state, check with the clerk of court and see if a foreclosure action has been filed.

Originally Posted by Fr_Chuck

In the divorce or if she agrees, she has to get a loan on her own, or with her boyfriend that pays off the current loan.

The divorce court can order her to apply to refinance, but cannot require the bank to agree. And, in any event, whether the boyfriend helps her refinance would be up to him.