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  1. #1
    Join Date
    Apr 2012

    Default Ex-Spouse Defaulting on Mortgage

    My question involves a mortgage in the state of: FL
    In my divorce which was filed in the state of FL in 2008, I received full custody of my children and my ex spouse kept the house. In our decree, it states I am not to be held liable in any way for the property or mortgage debt. I just found out (via call from the mortgage lender) he hasn't paid on the house in 19 months, he never sold it or refinanced it (like he was supposed to in order to remove my name), and all of this has killed my once-perfect credit. He is losing his job and says he'll stop paying child support now. What are my options regarding enforcing the child support and removing the bad marks on my credit since the house & all of its debt is not mine, legally, per our decree?

    Additional facts you may need to offer advice: The decree stipulates the house, mortgage, HELOC are all his and I am free and clear of any debt since 2008.
    My name is still listed on the mortgage, unfortunately.
    Our (verbal) agreement was that he would sell the house and I would get only 4% of the value of the house.
    My lawyer at the time stated there was nothing we could put in writing and no actions I could take to get my name off the mortgage.
    When we bought the house, I had no income and was a stay-at-home-mom to our 1 year old child.
    When we divorced, I was still a stay-at-home mom raising our 2 children.
    He is also about 90% delinquent on paying rehabilitative alimony, but that is something I have never pursued.

    I am primarily concerned with fixing my credit from the damage of his non-payment, and finding out if he can legally just stop paying child support. The children are both under the age of 7.

    Thank you

  2. #2
    Join Date
    Sep 2011

    Default Re: Ex-Spouse Defaulting on Mortgage

    Your recourse is to take him to court for contempt. Unfortunately, the saying you can't squeeze blood from a turnip applies. Regarding your agreement with the mortgage company, it has absolutely nothing to do with what the divorce court ordered. They could care less. You will not have your ruined credit fixed.

  3. #3
    Join Date
    Sep 2010

    Default Re: Ex-Spouse Defaulting on Mortgage

    Your decree does not modify the contract you have between the lender and the two of you. When nobody pays the mortgage, you BOTH are in default.
    As you have found out, marriages are easier to get out of than mortgages. Unless it was possible to refi you off (and divorce compelled that action). you're pretty much at the mercy of the other party. Child support is an unrelated issue. No he can not legally stop paying. However, if he is unemployed and does not have assets to pay, you can sue him all you want and you won't get anything. He is in a legal world of hurt, but it's not going to help you until he gets a job again.

    Hopefully, you did not do a stupid thing and deed your interest in the property to him. Your best bet would be to (either with his assistance) or with court action sell the the house. How good of an option that is depends on what equity there is in the place.

  4. #4
    Join Date
    Apr 2012

    Default Re: Ex-Spouse Defaulting on Mortgage

    Thank you for the response. No, I did not deed over my portion of the house. But I am also in no position to make payments. Had I found out months ago that this was going to happen, I would have possibly been able to take over on the house and sell it myself, but I am a FT student raising 2 children on my own. And I'm not sure what kind of equity there is. I believe the house was originally listed for $189k, mortgage was down around $119k, but then he tacked his huge truck onto the HELOC without asking me so..... considering that, it may be upside down. So frustrated.

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