Post Decree Real Estate Issue

[dandt]

What is the name of your state?Arizona


I have been divorced about 2 years. My exhusband is a resident of the UK.
Two days before our divorce was final, we were suppose to appear at the INS for his permanent residency interview.....needless to say, I didn't go.

When we divorced, he stayed in the home that we purchased jointly, and in the separation agreement it stated that he would reside in the home and be financially responsible for the mortgage. I have asked him many times to complete the paperwork so I could "quick claim" deed the home to him. He has never done this.

My name is still on the home and the mortgage. I have run a credit check and he has been late on the payments which now is on my credit report.
I have tried to discuss this with him and have asked him many times to make the arrangements to refinance the mortgage. He states that he can't do it due to the inability to get a job now because of his status with immigration. I do not know if he has a work permit anymore and if in fact that he is working.

I have tried phoning him and his number has been disconnected, I have tried emailing him and there has been no response. I have gone over to the residence in the past and he has not answered the door, even though his car is there. It has been several months since I last spoke with him, so for all I know he no longer lives there.

I do want to reslove this matter so if I want to purchase my own home I can, or at least so this doesn't ruin my credit.

 

[stealth2]

So - what's your question? Until your name is off the mortgage, you're as responsible as he is to make sure the bank gets their money. They are not bound by your divorce order.

 

[dandt]

I guess what my question is is there anyway I can force him into refinancing the mortgage? If he is deported what can I do?

 

[stealth2]

All you can do is go back to court and have a judge order him to refinance. But until it's actually done, you're still liable.

 

[dandt]

So.....if he is unemployed and unable to refinance due to lack of work permit, can I fight to claim the home? Or can the courts force him to sell due to his residency status?

 

[LdiJ]

So.....if he is unemployed and unable to refinance due to lack of work permit, can I fight to claim the home? Or can the courts force him to sell due to his residency status?

You really may have messed yourself up financially by messing up his immigration status.

I recommend that you take it back to court. I wouldn't even try to get a judge to order him to refinance because there is little chance that he can. I would recommend getting the judge to order that the house be sold. Its the simplest and cleanest way to get you out from under the responsibility. In the meantime, if you can swing it...you should probably make sure that the mortgage payments are made.