• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

i want my name off the house!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jenniferpierce

Guest
What is the name of your state? Oregon

my divorce was final nov. 1, 2001. my ex-husband still has not taken my name off the mortgage as was agreed in our decree. he has made several late payments which are affecting my credit report. he claims he can't refinance due to the credit rating.

our loan is assumable so he could "sell" it to his girlfriend who makes more money than he does and lives there. or she could buy it with him as a co-signer. i don't care if he has to sell the house to a stranger, he said he would take my name off, so how he goes about that is his problem.

is there anything I can do to force him to honor his part of the decree?
 
Last edited:


J

JETX

Senior Member
Your post says that the removal of the name from the mortgage was "agreed in our decree". Was this 'agreement' included in the specific order?? If so, then you can file a motion with the original court to compel his compliance. And if he still refuses, then you can return to court and they will find him in contempt and possibly put him in the 'county motel' until he complies with the order.

There are often 'conditions' of assumable mortgages that may be preventing him from just signing the obligation to another. Personally, I would force him to refinance.... and if he can't qualify, then force a sale.
 
J

jenniferpierce

Guest
under the "real property" section of the decree it states that he is "required to pay such note and mortgage and hold respondent (me) harmless therefrom."

then in the "debts and liabilities" section of the decree it states that "both parties chall cooperate in seeing that the joint accounts are separated. . ."

he is not holding me "harmless therefrom" when he is damaging my credit and preventing me from buying things for myself. and he has not cooperating in separating the account either.

what is the motion called and do i fill it out or must an attorney do that?
 
J

JETX

Senior Member
Based solely on the information contained in your post, the decree could be argued as it is not clear in the intent.

For example, what consititutes 'co-operation in seeing the accounts separated'?? I could argue that this is not clear and that ANY actions on my part were an attempt to 'co-operate'. In fact, I tried my hardest but YOU failed to co-operate. See the problem in the way the decree is worded??

Also, 'harmless therefrom' can be interpretated that you have no financial liability for the mortgage. And since the lender hasn't come to you seeking payment (yet), then you have been held harmless. You have interpreted 'harmless' to mean no credit implications, which could be a broad (and incorrect) assumption. Your only possible clear violation is his failure to 'pay such note'.

The problems here are that the decree is not CLEAR and CONCISE in its intent and order. This leaves the interpretation to each party.

With the potential 'interpretation' problems above, I would suggest you talk with a local attorney, who can review all the documents and specifics of your situation.
 
J

jenniferpierce

Guest
can he argue that the decree is not clear and concise if it was his attorney that drew it up and he reviewed before i signed it?
 
H

HomeGuru

Senior Member
jenniferpierce said:
under the "real property" section of the decree it states that he is "required to pay such note and mortgage and hold respondent (me) harmless therefrom."

then in the "debts and liabilities" section of the decree it states that "both parties chall cooperate in seeing that the joint accounts are separated. . ."

he is not holding me "harmless therefrom" when he is damaging my credit and preventing me from buying things for myself. and he has not cooperating in separating the account either.

what is the motion called and do i fill it out or must an attorney do that?

**A: You have not provided any section whereby he is required to refinance the loan, buy you out etc.
Click to expand...
 
J

JETX

Senior Member
jenniferpierce said:
can he argue that the decree is not clear and concise if it was his attorney that drew it up and he reviewed before i signed it?
Click to expand...
A court order is not like a contract which can be held to the detriment of the writer. Each party to the lawsuit has an obligation to read and understand the order before it is offered to the court. Simply, your attorney should have reviewed the proposed order and amended it as needed BEFORE agreeing to it.
 
J

JETX

Senior Member
Yeah, I thought would be the case (at least not a licensed one).

But you would be surprised how many divorce lawyers show their incompetence when they try to 'cookie-cutter' their filings only for the 'victim' to find out later!!
 
H

HomeGuru

Senior Member
Halket said:
Yeah, I thought would be the case (at least not a licensed one).

But you would be surprised how many divorce lawyers show their incompetence when they try to 'cookie-cutter' their filings only for the 'victim' to find out later!!

**A: yes, I know. I have seen so many instances whereby one party thought that they owned the property free and clear only to find out years later that there was still the mortgage on the property and still in their name. There was no provision for a refinance or buyout. And in the agreements that have a buy-out, there is only a time limit and no provisions as to percentage of equity etc. Then it becomes round #2.
Click to expand...
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top