Another house question

[Subway11111]

I got divorced in wv 3 years ago. I gave my ex wife the house in the divorce but in 3 years she has never refinanced and refuses to discuss it. She recently yold me she is leave to move out of state leaving the house. Both our names are on the deed but mine is the only name on the loan. She is currently trying yo sell the house. Can she do that? Can she sell it if the loan is in my name? Can she abandon the property? If she does who is responsible? Is there a way to make her responsible for the debt if she refuses to hold a job to avoid it?

 

[Zigner]

I got divorced in wv 3 years ago. I gave my ex wife the house in the divorce but in 3 years she has never refinanced and refuses to discuss it. She recently yold me she is leave to move out of state leaving the house. Both our names are on the deed but mine is the only name on the loan. She is currently trying yo sell the house. Can she do that? Can she sell it if the loan is in my name? Can she abandon the property? If she does who is responsible? Is there a way to make her responsible for the debt if she refuses to hold a job to avoid it?

The lender is not a party to your divorce. YOU are contractually responsible to them for the loan. Since both of your names are on the deed, you will need to sign off on any sale of the property. Why wouldn't you want her to sell it and pay off your loan?

 

[Subway11111]

I would love that. But what I'm afraid of is her selling the house keeping the money and leaving me with the bill and no colatteral.
If the court appointed her the house shouldn't the be a pointed responsible?

 

[Zigner]

I would love that. But what I'm afraid of is her selling the house keeping the money and leaving me with the bill and no colatteral.

That's not the way it works. The lender has a lien on the house. That lien would need to be satisfied before a transfer occurs (or, concurrent with the transfer.) The escrow company handles all that stuff.

If the court appointed her the house shouldn't the be a pointed responsible?

Yes, but the lender is not bound by that. YOU are responsible to the lender per your contract. If you are forced to pay out money because of her actions, you can take legal action against her.

 

[LdiJ]

I would love that. But what I'm afraid of is her selling the house keeping the money and leaving me with the bill and no colatteral.
If the court appointed her the house shouldn't the be a pointed responsible?

When the court gave her the house, it became her property even though you are still also legally obligated for the mortgage. She cannot sell the home without the mortgage being paid off as part of the closing, unless the bank approves a short sale. Yes, she is obligated via the divorce to pay the mortgage, but the lender is not a party to your divorce and therefore the mortgage contract that you sign, holds.

Its actually to your advantage that she is trying to sell the house, as a sale (other than a short sale) will relieve you of the mortgage. Cooperate fully with that.

 

[Subway11111]

Thank you, I was very worried that she was gonna walk with it and leave me to clean up

 

[Bali Hai]

Thank you, I was very worried that she was gonna walk with it and leave me to clean up

It ain't over yet. Stay on top of things and use your lawyer or that is exactly what may happen.