The house is still in my name after divorce?

What is the name of your state (only U.S. law)? House is in NM I am in GA. When I was divorced in 2006, I thought everything was over. Come to find out my name is still on the credit report as making payments. Is there any legal recourse to this. I am not in contact with my ex. What if she will not refinance just to be a witch. Do I still technically own part of that house?What is the name of your state (only U.S. law)?

if the court ordered she refinance the house so as to remove your liability for the loan, she has to take that action. You are the one that would have to bring it to the courts attention if she fails to fulfill the order.

if you have not deeded your interest in the house to her, yes, you still own whatever you did before the divorce.

so not deed anything to her until she refinances or sells the house and you are removed from any liability. Ownership and financial liability are two separate issues. If you deed your interest to here without you having your liability removed, you then would owe for a house you don't own anymore.

justalayman said:

if the court ordered she refinance the house so as to remove your liability for the loan, she has to take that action. You are the one that would have to bring it to the courts attention if she fails to fulfill the order.

if you have not deeded your interest in the house to her, yes, you still own whatever you did before the divorce.

so not deed anything to her until she refinances or sells the house and you are removed from any liability. Ownership and financial liability are two separate issues. If you deed your interest to here without you having your liability removed, you then would owe for a house you don't own anymore.

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I agree with this, but I will add one proviso. It sounds to me like you divorced shortly before the housing "bust". Unless your home had really significant equity at the time, and I am guessing that it did not, then she may not be able to refinance. In fact, she might not even be able to sell without a short sale happening which would seriously damage your credit as well as hers.

She is going to need about 20% equity in the home in order to refinance. Do some research and try to communicate with her as well. Don't go into court with guns blazing until you know that whatever you are asking for is 1) possible, and 2) won't ultimately end up damaging your credit.

I am not suggesting that you remain on the mortgage forever, but I am suggesting that it may ultimately be in your best interest to give the market some time to recover, as well as giving her more time to pay down the mortgage, in order to protect YOUR credit score.

Peccy said:

What is the name of your state (only U.S. law)? House is in NM I am in GA. When I was divorced in 2006, I thought everything was over. Come to find out my name is still on the credit report as making payments. Is there any legal recourse to this. I am not in contact with my ex. What if she will not refinance just to be a witch. Do I still technically own part of that house?What is the name of your state (only U.S. law)?

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It would be useful if you tell us what the divorce decree says about the house and the mortgage, whose name is on the home's title, who signed the mortgage, and whether you signed a quit claim deed transferring ownership to her.