What is the name of your state (only U.S. law)? Texas
My ex and I divorced Aug 2008. The ex didn't want the house, and very little if any equity existed in it, so we agreed I would take the house. In the final decree, under debt, it stated: (names removed)
There is nothing about refinancing in the decree. I have been paying the mortgage every month, no late payments or anything. Well, the ex is wanting to purchase a house and was denied a loan because her debt-to-income ratio is too high, since her name is still on the mortgage for my house. She called me and wants me to refinance.
First question: Can she force me to refinance? Or will she have to get a lawyer and take me to court?
I'm not trying to be mean, as we had a very amicable split, but she has not fully met her obligations regarding credit card debt. She was supposed to take care of the debt on a credit card that is in my name (as most of the debt was in my name at the time of divorce). So that my credit is not damaged, I have continued to pay the minimum and she has sent me a small check each month, but not enough to even pay the minimum payment. Therefore, I'm going to use this reasoning with her: You pay off the credit card debt that you were supposed to, and I'll see about refinancing.
Any thoughts? My thinking is that if she is financially in a position to consider buying a house, she needs to pay off the $7000 she owes on my credit card. Otherwise, I guess I'll continue to take her piddlely $25 a month for the next 23 years
My ex and I divorced Aug 2008. The ex didn't want the house, and very little if any equity existed in it, so we agreed I would take the house. In the final decree, under debt, it stated: (names removed)
IT IS ORDERED AND DECREED that the husband, ME, shall pay, as a part of the division of the estate of the parties, and shall indemnify
and hold the wife and her property harmless from any failure to so discharge, these items:
H-1. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by ME and HER, in the original principal sum, secured by deed of trust on the real property awarded in this decree to the husband, in the Deed of Trust Records of Tarrant County, Texas.
and hold the wife and her property harmless from any failure to so discharge, these items:
H-1. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by ME and HER, in the original principal sum, secured by deed of trust on the real property awarded in this decree to the husband, in the Deed of Trust Records of Tarrant County, Texas.
There is nothing about refinancing in the decree. I have been paying the mortgage every month, no late payments or anything. Well, the ex is wanting to purchase a house and was denied a loan because her debt-to-income ratio is too high, since her name is still on the mortgage for my house. She called me and wants me to refinance.
First question: Can she force me to refinance? Or will she have to get a lawyer and take me to court?
I'm not trying to be mean, as we had a very amicable split, but she has not fully met her obligations regarding credit card debt. She was supposed to take care of the debt on a credit card that is in my name (as most of the debt was in my name at the time of divorce). So that my credit is not damaged, I have continued to pay the minimum and she has sent me a small check each month, but not enough to even pay the minimum payment. Therefore, I'm going to use this reasoning with her: You pay off the credit card debt that you were supposed to, and I'll see about refinancing.
Any thoughts? My thinking is that if she is financially in a position to consider buying a house, she needs to pay off the $7000 she owes on my credit card. Otherwise, I guess I'll continue to take her piddlely $25 a month for the next 23 years