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mortgage obligation - how to get out of it

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K

kribbion

Guest
Washington

1. Husband and I are getting a divorce. Only joint property is mortgage for $114,000 and a car loan. I plan on keeping the car.

2. We were planning on selling the house. The day the sign went out, husband decided that he wants to keep the house and he will not sell. I will have to go to court to make him sell it. It was his mother’s house before we moved so he has sentimental value to it (which I understand). He does not make enough money to refinance the house to get my name off of the loan. He says he would let the house go into foreclosure (he has nothing to lose since he has bad credit) rather than sell it just to screw up my credit. He will not sell the house. We are currently living together in the house until the end of the month when I am moving to the other side of the state. He says he will get a roommate to pay the half of the mortgage I previously paid. I cannot trust him to pay bills (never has) with my name on the mortgage. I am at my wit’s end. I have no money to hire an attorney. I spent money getting the house ready to sell and now he won’t sell it. If he is forced to sell the house by court order, he intends to sabatoge any buyers by making the house looking as unattractive as possible and quit making any payments.

WHAT ARE MY OPTIONS?



Can I declare bankruptcy to get out of the house obligation?
Can someone direct me towards the right resources? Thanks so much.
 


kat1963

Senior Member
your words: If he is forced to sell the house by court order, he intends to sabatoge any buyers by making the house looking as unattractive as possible and quit making any payments.

my response: Then he would be in contempt of the court order and you would need to file a show cause motion to try and get him charged with such, yourself into the house, fees ect.

You said you were filing the papers yourself....have you researched this? Because with real estate involved and his attitude your best bet is to see a family lawyer for a free/low cost consults. Many lawyers are reasonable with their charges if you do most of the leg work & research yourself. I feel that doing so might be your only hope of getting out of that house intact.

Regards;

KAT
 

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