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Asked 09/14/2009 12:48 pm CT (Chicago, IL)

I was engaged to my husband in 2001. In August 2002 moved into a home. We both paid money at the closing. However my name was never put on the deed or the mortgage. We were married in August 2003. Since then the house has been refinanced 3 times because of my husband's credit card debt. The initial loan was for $109K and is now $192K. In 2007 when we refinanced I signed a homestead waiver, if for any reason he could not pay the mortgage I did not want to be held responsible for the mortgage. He is now in debt again and I am considering a divorce. Even though my name is not on the mortgage or deed and I signed a homestead waiver, do I lose all rights to the property.

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Asked 08/28/2009 09:03 am CT (Bloomington, IN)

I am going through a divorce. My name is not on the mortgage but i am getting a quitclaim deed. I will mainstain the payments of the mortgage as i have done for the last 1 1/2 years. If i decide to sell the home after the divorce, will he recieve any of the profit if there is a profit.

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Kim, This is a questions for your attorney. The divoirce decree will layout the terms of the divi...

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Asked 07/01/2009 05:25 pm CT (Orlando, FL)

My ex and I are expected at court on Monday 7/6 regarding a Summary Judgement for our 2nd Mtg. We have a 1st with Countrywide and the 2nd with Wachovia. We have not been able to make pymts on the 1st for 14 months and the and none on the 2nd for the last year because we both became unemployed and have since divorced. My ex is still living in the home and the 1st Mtg Lender is still waiting for him to get a job so he can possibly do a modification etc. The 2nd Mortgage lender is taking us to court for non-payment. We have had the home on the market from the beginning trying to sell or short sale and no takers. What exactly can happen to us when we see the Judge on Monday. The house has not foreclosed yet on the 1st mortgage we have not even heard from them. Can the 2nd Mtg lender put a judgement on us for the $62,000.00 owed even though the 1st mtg lender supercedes? Please advise. Also with the declining market the 1st mortgage would not even be satisfied even if the house sold today. So what happens exactly. Since we are unemployed we do not have any resources for pymt of legal advice that is why I am asking. Please help!

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Asked 06/01/2009 01:27 pm CT (Mansfield, OH)

I went through a bad divorce in 2001.And I ended up with all of the dept.I had to file bankrupptcy chapt 7 I think.Well.with the economy I lost my job in November 2008.Had a house fire in December 08 2 weeks before x-mas.Well we lost all of our vehicles 3..and we are getting sued by ins comp ,student loans,the leftover balance on vehicles.We can not even keep our head above water.We are sinking.My question is.Can we file bankruptcy????We have no other choice.It is at a point where it is taking a toll on my husbands health?

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Asked 05/22/2009 10:00 am CT (Waukesha, WI)

Hi, I have lost 2 offers to purchase on my home. My ex-husband refuses to sign anything below $440,000. We have been trying to sell for over a year. My question is what are my legal avenues? I am not able to maintain living in the marital home, it is too expensive and I am going to be broke in a very short while. The divorce papers state we must sell the home by the way. Thank you for any guidance.

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T.M. Mortgage professionals in general will not be able to provide legal advice. It would be best ...

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Asked 05/07/2009 12:05 pm CT (Greenville, SC)

Just got divorced. I was awarded the marital home. The mortgage is in my ex-husband\\\'s name only. My name is not on the mortgage or deed. I have received advice that I need to do a quit deed and then finance into my name. I have never owned a home. Will the quit deed dis-qualify me from any first time home buyer benefits/incentives?

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Asked 04/14/2009 06:27 pm CT (Cincinnati, OH)

I was seperated the past 5 yrs from my ex husband after 27 yrs of marriage we own a home which I stayed in after he left 5 yrs ago we finally divorced aug 08 i didnt think I could afford to keep it and he didnt want it then he gets a g/f 20 yrs his jr decides he wants the house during the divorce for her (of course). In the decree it states he was to refinance the home he has not thus far, I let him and her move in nov 08 i moved into an apartment. he borrowed 3000.00 towards paying me my half of the equity, he still owes me money and both our names remain on the mortgage and deed.he really doesnt want the house but i do and to boot I recently found out the g/f who is living in our home has a violent criminal record and has even been in prison she is very unstable I did not know about this or I would have never agreed for her to move into the house. he doesnt want to know and shes hounding him for her name to go on the deed which cant happen because there is no way my name comes off the deed while I am still on the mortgage. I am very concerned she may go "off the deep end" yet again and do something to the house as I said her criminal record shows she is clearly unstable she has thrown our daughter out of the home and moved her 13 yr old son in. Since he failed to refinance and the house remains in both our names he cant refinance as he waited too long and now is paying spousal support to me while Im in college. my 2 questions are what rights do i have to the house? and is it possible to evict this woman before she does irrevocable damage? he wont face this wont listen doesnt want to know if he chooses to live with a convicted violent felon thats his perogitive but I do not choose to have that living in a home I still own and am responsible for.I would much rather give him the 3000.00 back he has paid me and not take anymore payments from him and take back my house ..any advce?

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Asked 04/08/2009 09:51 am CT (Des Moines, IA)

My boyfriend and I live together. He was divorced over a year ago and part of the divorce decree stated that his ex wife got there home and all the responsibilty she was supposed to remove him from everything in a certain day period. Which would have been Nov 08. Well she did not do this and now the house is being foreclosed on and she NEVER got him off any of it. So now we are getting letters and phone calls saying they will be foreclosing on the house and it is going to effect his credit. The morgage companies say that there is nothing they can do even though the divorce says it is all her responsibilty. The lawyer we talked to said that the only thing they can do is get her arrested on contempt of court? This does not seem right is there any help!! We plan to have a life together and I do not want this hanging over our heads for the next 7 years =(

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Unfortunately the lender on the house was never invited to the divorce. The divorce was only an agre...

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Asked 03/16/2009 12:44 pm CT (Dallas, TX)

My ex husband and I owned a home together. We divorced and I signed a quit claim deed so that he could refianance the home in his name using his VA and I could have mine back. He has yet to refinance the home. It has been over thirty days. If he does not refinance the home what are my options?

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Dear Kelly, in order to remove your name on this loan, your exhusband has to refinance this property...

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Asked 03/13/2009 02:11 pm CT (Hillsboro, OR)

My husband and I recently refinanced our home and it is in both of our names. If we were to divorce and I were to go to school full time in a different state, how would we go about splitting the cost of the home? With the market being so bad, I doubt we could sell it for what we owe since we consolidated our debt with the refi. Would it be more realistic and financially wise if we were to remain married but live apart? We both are willing to do what is financially best. What are the options that would be fair to both of us?

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Asked 12/28/2008 12:44 pm CT (Miramar, FL)

I am married and we own a house that's under both of our names. We want for my husband to keep the house under his name only, we are not getting divorce. I want to buy an apartment under my name and if I have a loan I will not qualify. What steps do we have to take so I can withdrawl myself from my current loan. Thank You Julia

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The only way that you can get the debt out of your name is to refinance the property in your husband...

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Asked 11/26/2008 09:55 am CT (Bowling Green, KY)

I'm a single father raising my 2 sons. I refinanced my house with a 95% loan a couple of years ago with a ARM after my divorce. I make all my payments on time but it's not always easy. With the drop in housing prices I'm sure my house is not worth what I owe and my rate changes next year. With all the buzz surrounding the "bailouts" does any of this pertain to me?..Does it help me at all?

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The bailout does not apply to you however the current economic environment is helpful in your situat...

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Asked 11/20/2008 05:47 pm CT (Abilene, TX)

I am going to get divorced my husband dosn't want the house. I guess I have to keep it.My mortage is payment is $1170.00 per month. 30 year mortage at 6.89 % house is worth $112,000. I only make $1920 very monthly.I don't know what to do?

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Will you be getting child support or any other type of income? How much do you owe on the home and w...

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Asked 11/03/2008 12:57 pm CT (Tulsa, OK)

I signed a quit-claim deed and let my ex husband have the house in our divorce 4 years ago. The divorce decree states that I shall be "held harmless" when it comes to the mortgage My name remains on the mortgage. He rarely makes a house payment on time and has trashed his credit right along with mine. I have defintely been harmed. I am unable to obtain a credit card, a car loan, or any type of loan whatsoever. He only owes $11,000 on the house and it is worth around $150,000. Still yet, with his poor credit and low cash flow (he is self-employed) he says he can not find anyone to refinance the mortgage and release my name; nor does he have the cash to pay it off. He does seem to come up with money when he wants to...e.g. a new Harley Davidson, 2 SUV's, a boat, 2 sea-do's, etc. etc., however, that was before the economy got so bad. My parents have hired an attorney on my behalf and plan to take this matter to the court's in hopes of the issue being resolved. I have researched the matter and am afraid that they might be wasting their hard earned money. Am I completely out of luck, or is there a possibilty this could be resolved somehow? Thank you in advance for any advice you can give me.

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Asked 08/15/2008 07:41 am CT (pittsburgh, PA)

My husband and I are about to forclose on a house. The loan is in his name only, but I am on the deed. How will my credit be affected. We are getting a divorce & I will need to find a new home

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If you're not liable for the note this loan is not part of your credit profile. The foreclosure sho...

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Asked 07/19/2008 09:24 am CT (brownstwon, MI)

I have been divorced 5.5 years. I have a 1st mortgage (171,000, 30 year, 6.25%) and a second (21,000, 15 year, 8.5%) still in my name with my ex-wife. I signed a quit claim deed to the property during our divorce. She has been 30 to 60 days late on both mortgages almost the entire 5.5 years. She has dropped my credit below 600 becuase of this. She is now going to stop paying the second mortgage because she thinks nothing will happen to her and I will have to pay. What should I do?

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Asked 06/04/2008 09:00 pm CT (brownwood, TX)

my wife and i are going thru a divorce.we have a va loan that i used back in 1997. she wants the house.i dont.she has bad credit as i do to.she wont be able to get a loan on her own.i dont think she can afford to keep the house up.i dont want a foreclosure on me.she is adamate about staying in it.what are my options?

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I would definitely agree with getting the judge to order the sale of the house. Too many times I've...

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Asked 05/20/2008 07:00 am CT (Phla., Alberta)

Is a co-signer responsible for a VA mortgage? My daughter and her husband are divorced. He lives in the house. He is the veteran. They got a VA loan, she co-signed, but she was not working at the time. The mortgage has not been paid, he is not doing anything about it. What can she do.

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Asked 05/01/2008 05:39 pm CT (Saint Clair Shores, MI)

My friend purchase a house in 2001with his wife. He put down 5%. They got a PMI together. However, to receive that it had to be in both names. He's now divorce and been taking over payments he can not afford now. He would like to know how could he let go of the house without damaging credit badly.

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Unfortunately, "letting go" of the house without finding a buyer for it will severly damage your fri...

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Asked 04/30/2008 09:24 am CT (Menifee, CA)

My husband wanted to get a home equity line of credit and told me that since my credit was poor that I could sign a paper letting him get the line of credit in just his name. I did sign and he was approved for 130,000. Two months later and 2 days before he filed for divorce he withdraw the whole amount and now stated he will not pay it. I cannot pay both the mortage and the line of credit he took out. Is there any hope for me?

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Sorry to hear it. I suspect you have some legal recourse against him since the equity that he "stol...

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