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property settlement agreement

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blackmoss12

Junior Member
Indiana

The property settlement agreement in my divorce states that my ex-wife was to sell the property in which she is currently living in April of 2004. I was to receive 25% of the net sale after closing costs and payment of mortgage balance. Her payment history on the mortgage gets worse by the month. She is perpetually delinquent, and because my name is on the mortgage, this is killing my credit - making it impossible for me to buy a home with my current wife. I'm beyond the point of wanting any of the money I rightfully deserve from the sale of the home. I assume after closing costs and mortgage repayment, my 25% would be nothing anyway. All I want is my name off of the mortgage - I want a quit claim deed. She says she can't sell it. She says she can't qualify for refinancing without my name. What can I do to get out from underneath this?
 


Ohiogal

Queen Bee
blackmoss12 said:
Indiana

The property settlement agreement in my divorce states that my ex-wife was to sell the property in which she is currently living in April of 2004. I was to receive 25% of the net sale after closing costs and payment of mortgage balance. Her payment history on the mortgage gets worse by the month. She is perpetually delinquent, and because my name is on the mortgage, this is killing my credit - making it impossible for me to buy a home with my current wife. I'm beyond the point of wanting any of the money I rightfully deserve from the sale of the home. I assume after closing costs and mortgage repayment, my 25% would be nothing anyway. All I want is my name off of the mortgage - I want a quit claim deed. She says she can't sell it. She says she can't qualify for refinancing without my name. What can I do to get out from underneath this?
A quit claim deed will NOT remove you from the mortgage. She would need to refinance. Why can't she sell it? If your name is on the mortgage you are responsible for making sure the mortgage is paid. The only one responsible for your credit being killed is you. HOw long was she given to sell the property? Go back to court and try to force a sale of the house and depending on your agreement you may be able to have her found in contempt. But your credit is truthfully your problem.
 

LdiJ

Senior Member
Ohiogal said:
A quit claim deed will NOT remove you from the mortgage. She would need to refinance. Why can't she sell it? If your name is on the mortgage you are responsible for making sure the mortgage is paid. The only one responsible for your credit being killed is you. HOw long was she given to sell the property? Go back to court and try to force a sale of the house and depending on your agreement you may be able to have her found in contempt. But your credit is truthfully your problem.
Just to add a little bit of additional explanation......The mortgage company is not a party to your divorce. They are bound only by the mortgage agreement that you signed when you purchased the house.

Therefore, until that mortgage is paid off (either by the house being sold, or through a refinance, or through the end of the mortgage) you are legally responsible for the house payment.

Your only recourse at this point, as Ohiogal said, is to take it to court to force a sale. However, that isn't going to repair your credit....but it may stop you ending up with a foreclosure on your record.
 

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