how do I get my name off a mortgage after a divorce?

[helferj]

What is the name of your state? OHIO

I have been divorced for two years. During my marriage, my husband "convinced" me to build a house. I never wanted the house, I hate the house. When we divorced, he refused to sell the house, stating he'd never go back to renting. I figured if he wanted it fine! It was his, I simply wanted out, out, out. I gave into to too much I can tell you that all to get out of our marriage. I never signed a Qit claim deed since I knew that would leave me no rights to the house. He was supposed to refinance into his name but has failed to do so over the past two years and it continues to bog down my credit! I have taken him to court over the matter and a contempt hearing was held on 9-2-05 w/a magistrate and, to date, we have not heard of her decision. I am wondering what other recourse I have. If she finds in my favor and he has to refinance, great! but are they really going to follow up on that? And what if she doesn't find in my favor? Is there any other way to get my name removed from the mortgage, w/out filing for bankruptcy?

 

[seniorjudge]

Q: Is there any other way to get my name removed from the mortgage, w/out filing for bankruptcy?

A: Pay it off.

 

[helferj]

state: OH

Pay it off? Is this the best answer? I do appreciate the reply but if I had money availalbe to pay of a huge mortgage, I wouldn't be contemplating the option of bankruptcy. Plus, why would I want to pay off a house that my ex lives in and I have no association with except the financial obligation I face w/being on the mortgage. I can tell you now, your reply best not be "get the money back from my ex". I haven't seen a cent out of him since our divorce. Not to mention he's unemployed and has no money. He says he cannot refinance because he's unemployed but has been out of work for 8months and is not even trying to look for a job. Can this be used to my advantage?

 

[JETX]

What is the name of your state? OHIO

I have been divorced for two years. During my marriage, my husband "convinced" me to build a house. I never wanted the house, I hate the house. When we divorced, he refused to sell the house, stating he'd never go back to renting. I figured if he wanted it fine! It was his, I simply wanted out, out, out. I gave into to too much I can tell you that all to get out of our marriage. I never signed a Qit claim deed since I knew that would leave me no rights to the house. He was supposed to refinance into his name but has failed to do so over the past two years and it continues to bog down my credit! I have taken him to court over the matter and a contempt hearing was held on 9-2-05 w/a magistrate and, to date, we have not heard of her decision. I am wondering what other recourse I have. If she finds in my favor and he has to refinance, great! but are they really going to follow up on that? And what if she doesn't find in my favor? Is there any other way to get my name removed from the mortgage, w/out filing for bankruptcy?

You really don't have many options. The ones you do have are:
1) Get a contempt order from the court and see if that gets his attention.
2) File a partition lawsuit and have the court handle it.
3) Somehow 'induce' him to refinancing... maybe by offering his a 'premium' for his refinancing by agreeing to only 40% of the equity value if he refi's within 90 days.