raven68red
Junior Member
What is the name of your state (only U.S. law)? Arkansas
Hello, I really need some advice since my previous divorce lawyer moved to another town. Divorced last year after a very long and abusive (financial and mental) marriage. I would like to remove my ex-husband from the deed of the home completely so I have decided to try an Assumption Loan. The divorce decree reads "the parties agree that the wife (me) shall retain possession and continue to make the regular mortgage payments each month until the said note is satisfied or the house is sold and the husband will execute the appropriate paperwork. In the event the house is sold, the wife shall receive 60% and the husband 40% of the equity of the home and property".
Here is my question: Would filing an Assumption Loan release the husband completely from the deed? If I were to sell the home at a later time, would he still receive 40% of the proceeds?
My other dilemma is that due to an Order of Protection (husband was abusive and ultimately arrested for showing up at the property with a loaded gun and several other weapons). The Order is good for the next 7 years thus I cannot contact him and he cannot contact myself or the children. He also, due to the agreement made in the divorce, has not paid any child support and will not have to pay any until he is awarded disability (filed approx. 3 years ago and has not worked this entire time) or has some sort of income. Essentially the wife (myself) has raised the kids and paid the mortgage solely for the last 3 years (long separation and divorce finalized in May 2013).
What are my options to get his name off the mortgage and how do I go about having him sign papers if I cannot contact him?
Any help would be greatly appreciated!! We are short on lawyers in such a small Arkansas town.
Hello, I really need some advice since my previous divorce lawyer moved to another town. Divorced last year after a very long and abusive (financial and mental) marriage. I would like to remove my ex-husband from the deed of the home completely so I have decided to try an Assumption Loan. The divorce decree reads "the parties agree that the wife (me) shall retain possession and continue to make the regular mortgage payments each month until the said note is satisfied or the house is sold and the husband will execute the appropriate paperwork. In the event the house is sold, the wife shall receive 60% and the husband 40% of the equity of the home and property".
Here is my question: Would filing an Assumption Loan release the husband completely from the deed? If I were to sell the home at a later time, would he still receive 40% of the proceeds?
My other dilemma is that due to an Order of Protection (husband was abusive and ultimately arrested for showing up at the property with a loaded gun and several other weapons). The Order is good for the next 7 years thus I cannot contact him and he cannot contact myself or the children. He also, due to the agreement made in the divorce, has not paid any child support and will not have to pay any until he is awarded disability (filed approx. 3 years ago and has not worked this entire time) or has some sort of income. Essentially the wife (myself) has raised the kids and paid the mortgage solely for the last 3 years (long separation and divorce finalized in May 2013).
What are my options to get his name off the mortgage and how do I go about having him sign papers if I cannot contact him?
Any help would be greatly appreciated!! We are short on lawyers in such a small Arkansas town.