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  1. #1
    Join Date
    Mar 2009
    Posts
    4

    Default Can I Take Ownership of a Home if Ex-Spouse Doesn't Pay Her Mortgage

    I am unsure whether this is the correct forum but here goes:

    I live in IL and purchased a home with my now ex-spouse. The divorce judgment dictated that my ex-spouse and I each pay half of the mortgage until the marital home is sold. Unfortunately, my ex-spouse can no longer pay on her share for financial reasons. She also refuses to sell the house for a lower price and asks for an unreasonably high amount of money to buy her out. She ignores the contempt of court as she lives out of state. Meanwhile our credit spirals down despite me paying my appropriate share.

    The bank offered to put the mortgage solely in my name if I pay the full mortgage amount. However, does this mean that I become the sole owner of the house? I surely don't want to pay her share unless the house is fully mine. Any suggestions?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,672

    Default Re: Can I Take Ownership of a Home if Ex-Spouse Doesn't Pay Her Mortgage

    The bank offered to put the mortgage solely in my name if I pay the full mortgage amount. However, does this mean that I become the sole owner of the house?
    No. Being the only one on the mortgage only means that you're the only one responsible for the debt. As long as she is on the deed, she is still part owner of the house.

    Any suggestions?
    Hie thee to an attorney to get your options sorted out.
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