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Old 04-16-2002, 09:12 PM
shilolonewolf
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lost home in divorce


i live in colorado but was divorced in wisconsin. my ex got the house because i quick claimed it to her. i want my name off the house after 4 years of divorce but she will not re-finance. she has been late on the payments and ruining my credit over it. she rents the house out also and lives in colorado too. the home is in wisconsin. what recourse do i have to get my name off the mortgage? i do not want the house, but if she defaults on the loan, i do not want to have to eat it either. i get nothing in the sell of the home per the divorce. what can i do?
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Old 04-18-2002, 09:37 AM
dorenephilpot
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The home needs to be sold or refinanced. If she won't/can't do either of those, then you can file a petition for partition to force the sale issue.

Alternatively, you can file a petition for bankruptcy, which would get you out of your part of the debt (get you out of responsibility for the mortgage).

As you have learned, a quit-claim deed gives up your RIGHTS to the home, not the responsibilities on the mortgage.

This problem should have been anticipated in your dissolution -- by an order stating that she must refinance within a specific period of time and if she fails to do that, the home must be put up for sale.

Your story happens again and again in divorces....
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