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  1. #1
    Join Date
    Mar 2008
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    Default Getting Name Removed From Mortgage, As Divorce Decree States

    My boyfriend's divorce decree indicated that his ex "shall remove his name from the existing mortgage by refinancing within 90 days of the effective date of the agreement".

    Nine months later and she has not put the house up for sale. She was denied refinancing (but note, this was long after the 90 days passed). (She pays many of her payments late and therefore she probably won't be able to refinance, but his name and credit is ruined and it continues to worsen as this continues to be drawn out.) Her mother has tried to buy the house, but the loan officer hasn't been able to get her a loan. But she has never really put the house up for sale. We are afraid it will go to foreclosure or she will never remove his name until the loan ends.

    What are our options?

    Shouldn't there be consequences or at least some way to force her to live by the divorce decree, without making us pay for legal fees because of her irresponsibility? (We are already in debt from the divorce legal fees.) Do we have a case? Do we have a chance at having her pay for our legal fees if we pursue this? Or, can we just appeal to a civil court or justice of the peace or something?

    Some notes: All has transpired in Virginia. He helped her purchase the house for her & the kids while going through the divorce (she didn't have the credit to do so on her own and was threatening to take them out of state.) She has always had, but now legally has sole responsibility for and access to the house - but his name remains on the mortgage. He relinquished his financial interest on the house and equity in exchange for her not to claim any of his pension. This was agreed upon and signed by them and the lawyers.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,648

    Default Re: Getting Name Removed From Mortgage, As Divorce Decree States

    What are our options?

    Shouldn't there be consequences or at least some way to force her to live by the divorce decree, without making us pay for legal fees because of her irresponsibility? (We are already in debt from the divorce legal fees.) Do we have a case? Do we have a chance at having her pay for our legal fees if we pursue this? Or, can we just appeal to a civil court or justice of the peace or something?
    as minutes said, you have no options, only your finance does. You have no legal standing to make any decisions concerning this.

    Anyway, your fiance is going to have to go back to court and ask the court to order the house be sold, or whatever they deem proper to remedy the situation. Along with that, he can request the ex be held in contempt for not following the courts current orders.

  3. #3
    Join Date
    Jan 2008
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    1,948

    Default Re: Getting Name Removed From Mortgage, As Divorce Decree States

    Quote Quoting leparadis
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    I had assumed that this site was for getting expert advise to legal questions. (Which I wouldn't expect to begin with "I'm sorry, but".) Your reply seems to question my relationship and life course with my boyfriend.
    The question I posed concerned which options are available in this situation, with his ex's refusal to remove his name from the mortgage when signed and ordered by all parties and a judge, but yet not being followed by one party, at the continual long and short term financial expense of the other party.
    Your assumption about this site is correct.
    Your expectations are not. I was apologizing for not understanding your question.
    Had you worded your original post it as above - the answer is quite simple. As JK stated all he needs to do is file a motion with the court. As all legal matters seem to take WAY longer than they should I recommend you keep YOUR credit completely from that of your (soon to be) husband's until after this has been completely resolved.

  4. #4

    Default Re: Getting Name Removed From Mortgage, As Divorce Decree States

    Quote Quoting 525601minutes
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    Please note that my original response was from March 19 - before the advisory note... I also want to say that I disagree about your interpretation of the OP. She did ask legal questions, and in turn I asked her legal questions about why she was under the impression that her boyfriend's ex-wife's credit could have any effect on her.

    Once she explained her situation, (over two weeks later) legal advice was given on how her fiance could proceed to protect his credit from his ex-wife and how she could protect herself from his situation as well.

    If you think that was being 'hammered' than I'd hate to see you under the pressure of a cross-examination in court.
    You can't be serious..Aaron, as well as others, have noticed and mentioned the bashing and rudeness long before that. Furthermore, what difference does it make that she posted a response two weeks later? Apparently not everyone on this forum has the kind of time you do.

    Quote Quoting When does it end?
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    Most people can understand the question without the need to sarcastically pick apart the original post, sentence-by-sentence.

    The title of her thread seemed quite straight-forward. A generic answer could have been given...and eventually it was by jk.

    But no. It had to become a game of "this person has no business asking this question" and by the use of your capitalization techniques, you were quite clear on that.

    By your own admission you did not understand the question...so why respond in that way, or at all for that matter?

    You even mention her waiting two weeks "to explain herself". She came back defending herself and should not have been put in that position in the first place.

    A legal expert you are not.

    A cross-examiner you are not.

    With as many legal problems you have I'm surprised you have time to take on everyone else's.
    Ditto, and very well said. And on a personal note, I signed up on this forum because it seemed like it was the most informative one online at the time. I am still of this opinion, yet in the recent months I've noticed an increasing amount of rudeness, especially from posters that clearly are not experts in the law...very disappointing.

    To the original poster..you have a very valid claim regarding the merging of your credit. Your fiance really needs to seek out an attorney that will enforce the original divorce decree. In the meantime, you need to protect yourself, and not sign anything jointly with your fiance until you know for sure that this situation is straightened out and won't come back to haunt you both in the future. Your future husband should contact his attorney that handled the divorce, since he/she is already familiar with the case. Hope this helps, and good luck.

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Getting Name Removed From Mortgage, As Divorce Decree States

    For goodness sakes - if you keep looking so hard for people to be out to get you, then you will find people are out to get you.

    There was no reason to be defensive as I was not judging her, only trying to get the facts. I was emphasing(sp?) YOU in my response to point out that the poster has/d no legal remedy to "force" the ex-wife to live up to the divorce decree. My questions were intended to invoke a response to supply me with information that would determine what line of action she could take - based on the OP there was NO legal remedy. If she was in dire need of advice then perhaps her reply would have been more timely.

    Had she responded with information that she and the ex-husband were co-signer's on a HELOC with the ex-wife my answer would have been very different. The same goes if the OP was the mother of the ex-wife and the boyfriend used to be her son-in-law. Unlikely situations - of course - but you don't know when you do not have all of the relevant information. The OP was insinuating that SHE was effected by the ex-wife not removing her boyfriend's name from the mortgage...I was only trying to find out WHY.

    I am very lucky that I can spend time trying to get all the facts before I suggest a line of action. I am fortunate enough not to have to work so I can volunteer my time to help others. I do it here and in 'real life' with a CASA program to make sure foster children do not fall thru the cracks in the legal system. If you do feel that the advice I offer is not legally sound then I suggest you ignore my posts and provide the askers with the correct information yourself.

  6. #6

    Default Re: Getting Name Removed From Mortgage, As Divorce Decree States

    Quote Quoting 525601minutes
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    For goodness sakes - if you keep looking so hard for people to be out to get you, then you will find people are out to get you.

    There was no reason to be defensive as I was not judging her, only trying to get the facts. I was emphasing(sp?) YOU in my response to point out that the poster has/d no legal remedy to "force" the ex-wife to live up to the divorce decree. My questions were intended to invoke a response to supply me with information that would determine what line of action she could take - based on the OP there was NO legal remedy. If she was in dire need of advice then perhaps her reply would have been more timely.

    Had she responded with information that she and the ex-husband were co-signer's on a HELOC with the ex-wife my answer would have been very different. The same goes if the OP was the mother of the ex-wife and the boyfriend used to be her son-in-law. Unlikely situations - of course - but you don't know when you do not have all of the relevant information. The OP was insinuating that SHE was effected by the ex-wife not removing her boyfriend's name from the mortgage...I was only trying to find out WHY.

    I am very lucky that I can spend time trying to get all the facts before I suggest a line of action. I am fortunate enough not to have to work so I can volunteer my time to help others. I do it here and in 'real life' with a CASA program to make sure foster children do not fall thru the cracks in the legal system. If you do feel that the advice I offer is not legally sound then I suggest you ignore my posts and provide the askers with the correct information yourself.
    Already did that..

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