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  #1  
Old 11-24-2003, 06:02 PM
gliderdad2002
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House: her Bills:me...now what


What is the name of your state? WY

Here's the lowdown: Wife got the house and all belongings, and the car...I got ALL the bills, hers, mine and ours. She is supposed to make house payments, I'm supposed to make car payments, etc. My name is still on title, and mortgage. Who will be able to claim house on taxes?

What should I do about the title and mortgage? We sent her the papers to assume the mortgage, but I already know she will not qualify. There is nothing specific about assuming the mortgage or what happens if/when she sells the house?

FYI: I am planning on filing bancruptcy...I ust can't afford to pay off ALL the debts and pay my living expenses now.

What should I do???
  #2  
Old 11-25-2003, 10:43 PM
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Join Date: Jul 2001
Location: California
Posts: 1,154
Now you ask?
This sounds like a do-it-yourself divorce with all these loose strings ready to strangle you. If she is paying the mortgage, she gets the tax deduction. I presume she can make the payments.
Should you declare BK, the house must be disclosed. Your debts will be discharged and her credit report will list the house as named in a BK.
If she does not make the payments, the bank will forclose. Ditto the car. Repo man will come.
If she keeps up house payments she will be just fine. It is when she wishes to sell that she will encounter a problem because you must sign off. You may then negotiate a portion of the increased equity due to appreciation as compensation for your aggravation. Tell her that and maybe it will be the "feet to the fire" she needs. On the other hand, you already know she cannot qualify for a refinance.
  #3  
Old 12-02-2003, 12:51 PM
gliderdad2002
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Unfortunately, this is NOT an do-it-yourself divorce. I paid $3000 and as soon as the papers were signed my lawyer quit. The ex- wife was too much!! Now I'm finding all kinds of loose strings. The ex cannot afford the house..she will not qualify to assume the mortgage and no where in the decree does it say she must do that. Mortgage bank is already calling about late payment...I'm going to list the house, her car and ALL her bills as well as joint bills in the bk...let the chips fall where they may!!
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