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husband living in house and making payments late

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lisamedic

Junior Member
What is the name of your state (only U.S. law)? Maryland

I am currently going through a Divorce.
It was going to be a peaceful divorce is there is ever such a thing.

Background:

we both live in MD We have been living apart since May 2011.
We bought the house in question in 2009 before we were married.
He is NOT on the loan. it is myself and his mother as a co-singer.
He is and has been living in the house since I moved home in May 2011.
He was asked and given the choice if he wanted the house or not.
He chose to stay and I agreed as long as he refinanced it into his name.
He has yet to do so.

Here is my question. I am in the process of trying to acquire legal representation but I have a few question while I am looking. He is currently living in the our home that we bought before we got married. He is on the deed but not on the loan itself. His mother is listed as a co-singer though. When I decided to move back to my mothers house in May of 2011 we decided we would talk about what to do with the house. If he wanted to keep the house he is welcome to as long as he starts the process to refinance the house into his name I know it take some time that's why I told him at-least get the process started and payed the mortgage since he was the only one living in it . If he did not want to keep the house or could not afford it then he could move out and I would move back in and pay for the house and we would work on taking him off the deed and he could walk away.

Well he stated he would like to stay in the house so I told him that it is fine and he needed to start the process and keep the bills up to date and we would sort it out. But since then I have found out that at least 4 of the last 12 payments have been late he has not even started the process to re-finance the house. When I called to talk to his mother to see what her opinion was or if she knew that the payments were late because shes on the loan too she said she didn't know about the late payments and that she would take care of it. I received a phone call from his mother the other day stating that he cannot afford the refinance the house so I will have to stay on the loan yeah right so I was just stuck. After talking to him he is not willing to move out he will not let me in the home he will not answer about the late payments and he also just as a kicker will not give me the 1098 form for the interest and all on the loan because he filed his taxes already and used it. his name is not even on it at all.

Is there anything that I can do to take action to get him out of the house before he messes up both my credit and his mothers. he says it does not hurt is mothers credit. I advised the finance company of the situation so they will be calling me to tell me if it is even one day late. They were sending notices to the house he was not giving them to me with my mail when he would drop it off. Please tell me that I am not suck like this. Cant afford to move out of my parents into an apartment and pay the mortgage on a house I am not living in.


Thank you in advance for any information u can provide.
 


Ohiogal

Queen Bee
could not get approved with him on the loan, so he was only put on the deed. no, the paperwork of the divorce is just getting started.
Ask the court to dispose of it. Truthfully YOU are the one responsible for the mortgage and if you want to safeguard your credit YOU will pay it.
 

sandyclaus

Senior Member
Is there anyway i can make him leave and ill just keep the house?
Not as long as he is on the deed. That gives him the right to live in the house as long as he wants. You can live there too if you want, and he can't say anything about it either.

You'll just have to make sure that the house is disposed of in the divorce. Have the court formalize your verbal agreement that he can remain in the house if he refinances it and takes it out of your name, and make sure that he is held to it.

IMHO, if he is paying late on the mortgage as much as he is, there is a distinct possibility that he can't afford or doesn't have the credit to refinance the house himself, in which case you would need to come to some other arrangement, such as him agreeing to sign over his interest in the house. Once you retain an attorney, this should be the first item on your agenda in order to protect your credit.
 

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