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  1. #1

    Default Quit Claimed Marital Home to Ex Five Years Ago, Still on the Mortgage

    My question involves real estate located in the State of: Tennessee

    My name is on home loan with ex. I signed quit claim deed at time of divorce (5 yrs ago) , with no obligation for him to refinance. (obviously ill-advised.) He has now defaulted on another house in another state. He is remarried to a woman he sent for from another country. I don't trust him financially. He has made a mess of things in his own life. Up to this point, he has kept the jointly owned home rented. As I see it, I have three options, but all of them are under his control only: 1) He refinances--tho he may not even qualify to do this 2) He assumes loan (if it is assumable) 3) He sells property. He is very hostile towards me, and will not carry on a logical conversation with me about anything.

    If he dies, I assume the present wife would inherit the home, with my name still on loan and me legally obligated. Would our adult children have any claim on this home? If he defaults on payment or forecloses it will hurt me. If he defaults, being my name is on the loan can I force a sale? I already own another home in my name, so that is not an issue right now. HELP. I don't know how to proceed to get out of this situation.....

  2. #2
    Join Date
    Sep 2010

    Default Re: Quit Claimed Marital Home to Ex Five Years Ago, Still on the Mortgage

    You have no claim on the home regardless of whether he's alive or dead. The QC relinquished all of that. What happens with regard to the wife and children really depends on how the property is now titled and whether he has a will, etc....

    You're screwed. If he doesn't pay the mortgage, your credit will be trashed and eventually the house will be foreclosed.

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