Divorced for 8 years but...

[wordy68]

What is the name of your state (only U.S. law)? TX

I was ignorant at the time of my divorce. My ex got the house but I did nothing about having my name removed from the mortgage. He pays late month after month and sometimes skips monthly payments. I know this, because after checking my credit, I called the mortgage company to get details on the payment history. My ex husband claims he has tried to refinance the house, but his credit is shot so he gets denied. Am I up the proverbial creek on this or do I have any recourse??

 

[stealth2]

WHat does your order say?

 

[wordy68]

Darn! It isn't right in front of me, but I know that it says that he must "indemnify" me from anything to do with the house. Does that sound right??? Not sure of the specific wording, I'd be happy to go grab my divorce decree in a bit and tell you for sure, but I KNOW the word indemnify is in there. As you can see, I'm not even clear on what that word means in it's "legal" definition.

 

[latigo]

What is the name of your state (only U.S. law)? TX

I was ignorant at the time of my divorce. My ex got the house but I did nothing about having my name removed from the mortgage. He pays late month after month and sometimes skips monthly payments. I know this, because after checking my credit, I called the mortgage company to get details on the payment history. My ex husband claims he has tried to refinance the house, but his credit is shot so he gets denied. Am I up the proverbial creek on this or do I have any recourse??

Don’t beat yourself by thinking had you been smarter at the time of the divorce you could have had you name removed from the mortgage. It wasn’t in the works.

But had you been a bit smarter the decree would have properly ordered the house to be sold, or he given a reasonable period of time to refinance in his sole name and if not, then sold.

As it is, unless the home was set over to him on the express condition that he was to indemnify and hold you harmless of any further responsibility for the mortgage debt, then, unfortunately, you have no legal recourse. And even then it is often a hollow pledge.

But if there is anything truthful in the sage, “miserly loves company”, then you have loads of it. Just follow this site for a while and you will find many exes in the same rocky boat giving a more realistic mean to “self-help”.

 

[TheGeekess]

Darn! It isn't right in front of me, but I know that it says that he must "indemnify" me from anything to do with the house. Does that sound right??? Not sure of the specific wording, I'd be happy to go grab my divorce decree in a bit and tell you for sure, but I KNOW the word indemnify is in there. As you can see, I'm not even clear on what that word means in it's "legal" definition.

To indemnify another party is to compensate that party for loss or damage that has already occurred, or to guarantee through a contractual agreement to repay another party for loss or damage that occurs in the future.

http://www.law.cornell.edu/wex/indemnify

 

[wordy68]

Yes! The clause does say that he agrees to indemnify me of harm in regards to the mortgage. I realize (NOW!) that that means nothing in the eyes of the mortgage company at this point, but if I pay the note to get it current, can't I take him to court to get that money back??

 

[wordy68]

anyone? anyone??

 

[Zigner]

Yes! The clause does say that he agrees to indemnify me of harm in regards to the mortgage. I realize (NOW!) that that means nothing in the eyes of the mortgage company at this point, but if I pay the note to get it current, can't I take him to court to get that money back??

Yes, you can pursue legal steps to get the money back. I would suggest you consult with an attorney about the best way to do this.

 

[ecmst12]

Your chances of success in that depends largely on whether he HAS said money.

 

[wordy68]

My guess is he wont have the money. Child support is in arrears about $5,000 and AG just sent the case to enforcement and is requesting a court date. Would the court be able to get some sort of payment plan in regards to me getting the house note current?

 

[wordy68]

Am I being petty? I want to be able to buy a house myself soon, but this is affecting my credit!!

 

[Zigner]

Am I being petty? I want to be able to buy a house myself soon, but this is affecting my credit!!

You're not being petty.
You may not be seeing this realistically. If the man has no money, then how do you expect to get any money?

 

[wordy68]

Same way I plan on getting my child support. Court ordered payments??? I need to do something.

 

[Proserpina]

Same way I plan on getting my child support. Court ordered payments??? I need to do something.

The court can order payments, of course.

But there's literally nothing you can do to make the guy pay if he's intent on not paying.

 

[Zigner]

Same way I plan on getting my child support. Court ordered payments??? I need to do something.

Child support is already court-ordered. He's also court ordered to do other things. How'd that work out?

In your other thread, you say that he lost his job some time ago. Again, if he has no money, how do you expect him to pay?