Getting divorced, and the house is under his name

[Jennyintexas]

Getting divorced and the house is under his name. I'm on the deed but not on the note. We had financial issues in the past and got in a repayment plan that allowed us to pay on time for a certain amount of time and then refinance the remaining balance due back into the loan. Now that we are seperated and in the process of a divorce he is threatening to not sign the final agreement to have the remaining balance refinanced. Since I dont have the authority, in the mortgage companies eyes, to sign legal documents what are my options?

 

[seniorjudge]

Getting divorced and the house is under his name. I'm on the deed but not on the note. We had financial issues in the past and got in a repayment plan that allowed us to pay on time for a certain amount of time and then refinance the remaining balance due back into the loan. Now that we are seperated and in the process of a divorce he is threatening to not sign the final agreement to have the remaining balance refinanced. Since I dont have the authority, in the mortgage companies eyes, to sign legal documents what are my options?

One of your options is to buy him out and get a new loan.

 

[LdiJ]

Getting divorced and the house is under his name. I'm on the deed but not on the note. We had financial issues in the past and got in a repayment plan that allowed us to pay on time for a certain amount of time and then refinance the remaining balance due back into the loan. Now that we are seperated and in the process of a divorce he is threatening to not sign the final agreement to have the remaining balance refinanced. Since I dont have the authority, in the mortgage companies eyes, to sign legal documents what are my options?

Is there a decent amount of equity in the home? Since you are on the deed but not the note you don't have as much credit risk as he does. (You have some since TX is a community property state but not as much as he does).
Hopefully he would not be so foolish as to lose equity or tank his credit.

Besides having the option of you buying him out.....you also have the option of asking the judge to order that the home be sold and the proceeds split. However, you need to be prepared to do that rapidly so that the house doesn't end up in foreclosure.