curiousintexas
Junior Member
What is the name of your state (only U.S. law)? TX
Hello all,
My divorce was finalized in December and in the papers the house was awarded to me. We did not include any timeline or statement as to when the house had to be refinanced into my name only or sold.
Since then I have tried unsuccessfully to refinance with several different lenders. The mortgage is "underwater" and the loan is not backed by Fannie Mae or Freddie Mac so I have been told that I'm not eligible for special underwater refinance programs.
The ex has been hounding me relentlessly to either refinance or sell and has now stated that she has the right to show up at the house at any time with a cop - not quite why or what her reasoning would be for this but that's what she says.
I have said to her that I would sell the house if, in the event that it has to be sold at a loss she would be willing to come up with half the difference. She refuses to do this, so I feel as if my only option is to wait until I can pay the mortgage down enough so that there is equity in the house and I can refinance.
I sent all my bank statements to her mortgage company showing that she has not paid on this house in a year and she was able to buy a house.
My questions are:
1) Seeing as the divorce papers state that I was awarded the house, does she have a right to come to the property since her name is still on mortgage and title?
2) Since there is nothing in the divorce papers stating that she is responsible for half the underwater amount is there any way to make her pay half in the event the house is sold at a loss?
3) Can she force me to sell the house if I'm not able to refinance in say, a year?
Any advice would be sincerely appreciated.
Hello all,
My divorce was finalized in December and in the papers the house was awarded to me. We did not include any timeline or statement as to when the house had to be refinanced into my name only or sold.
Since then I have tried unsuccessfully to refinance with several different lenders. The mortgage is "underwater" and the loan is not backed by Fannie Mae or Freddie Mac so I have been told that I'm not eligible for special underwater refinance programs.
The ex has been hounding me relentlessly to either refinance or sell and has now stated that she has the right to show up at the house at any time with a cop - not quite why or what her reasoning would be for this but that's what she says.
I have said to her that I would sell the house if, in the event that it has to be sold at a loss she would be willing to come up with half the difference. She refuses to do this, so I feel as if my only option is to wait until I can pay the mortgage down enough so that there is equity in the house and I can refinance.
I sent all my bank statements to her mortgage company showing that she has not paid on this house in a year and she was able to buy a house.
My questions are:
1) Seeing as the divorce papers state that I was awarded the house, does she have a right to come to the property since her name is still on mortgage and title?
2) Since there is nothing in the divorce papers stating that she is responsible for half the underwater amount is there any way to make her pay half in the event the house is sold at a loss?
3) Can she force me to sell the house if I'm not able to refinance in say, a year?
Any advice would be sincerely appreciated.
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