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marnig · Jun 4, 2007, 01:36 PM

I have been divorced from my ex-wife for over 10 years and we have a daughter together who is now 20 years old. At the time of the divorce, I decided to let my ex-wife and my daughter stay in the house (we did not want her to change schools) and I move out. I paid for child support as well as all living expenses.

My problem now is that I want to buy another property, but since I have a mortgage on the house, I can not get approved for the loan amount I would like. I have asked my ex-wife to assume the property, but she says that she can not afford the mortgage. I've also suggested to sell, but she refuses. Is there any way for me to get my name off the mortgage?

ballengerb1 · Jun 4, 2007, 01:41 PM

Is your wife living there as part of the divorce decree or just out of the kindness of your heart? Is you wife on the mortgage too? If the divorce decree does not direct that she live there you are within your rights to sell. However, you would also have to go through formal eviction process since she is a resident. Short of selling your name is going to stay on that mortgage.

marnig · Jun 4, 2007, 01:55 PM

Thanks for the reply. My ex is living there out of the kindness of my heart. In the settlement, it states that we both stay on the mortgage and if we sell, then we both get our 50/50 share. My attorney advised my to go a different route and just sell it from the beginning, but at that time, I was only thinking the best for my daughter.

Yes, she is on the mortgage and in fact been paying for the house for the past several years. I have exhausted all avenues for her to take the property. I just want my name off so I can buy something for myself.

jillianleab · Jun 4, 2007, 02:18 PM

If she's on the mortgage, to the best of my knowledge, you can't sell without her consent. You can't evict her, she's not a tenant, she's an owner. You could offer again to let her buy you out, or maybe present her with some listings she could afford if you both sell and get 50%.

Squiffy · Jun 4, 2007, 02:25 PM

It depends on where you live, but you will probably find it hard to force her to sell the house. If she has been living there for the last ten years, and paying the mortgage herself, and is a co owner, unless you can prove she could afford to take out another mortgage, and could get another mortgage, then she will probably be allowed to stay there. A lawyer may be able to find a route to force her hand, but it will probably be quite hard. Are you in a position to pay a chunk of the mortgage off for her? If so, it may persuade her, and make it easier for her to get a smaller mortgage under her name alone.

marnig · Jun 4, 2007, 02:33 PM

I live in New York. Unfortunately, she tried to refinance the mortgage, but was unable to get it because she just moved to a new job and this job does not pay enough as it did in her previous job.

I do not want to pay a chunk of the mortgage; paying rent in nyc and trying to get a loan for a house is crazy.

Does anyone know about a partition lawsuit?

inthebox · Jun 4, 2007, 02:44 PM

Did you contact the mortgage holder?

Maybe if you and your ex both agree and they agree , you can have your name removed.

Or maybe you can come up with some downpayment so she can refinance in her name only.

I'd check with a rel estate attorney

By the way - I think you have been more than generous and hope things work out the best for you.

Grace and Peace

DrJ · Jun 4, 2007, 02:51 PM

Or you could try to get a "no-doc loan" so that your debt-to-income isn't an issue any more. However, this will likely cost you a point or so in interest

Fr_Chuck · Jun 4, 2007, 05:02 PM

You are basically stuck, even if you took her back to family court to get the divorce terms changed ( if you even can) but all the court would do is order her to get a new mortgage and if she don't qualify , there is nothing else she can do.

Also remember if she just stopped paying that mortgage, it would go against your credit report also.