What is the name of your state (only U.S. law)? Ohio
i filed for and was granted a divorce from my ex wife in September 2012. we owned a home in both of our names which i wanted to get out from under and she was willing to take the property so i conceeded to give her the home in the divorce. here is the transcript from the court order:
Plantiff = me
Defendant = ex wife
"it is further ordered that the real estate known as 1234 Generic St, is awarded to the defendant. the defendant will refinance said property within 6 months (equal to 180 days) of the filing of the final hearing date of the divorce, i.e. September 24, 2012, and shall remove the plantiff and his name from liability on said property's note and mortage. if the defendant cannot refinance said property within said 6 month time period, the property will be listed for sale. the defendant is responsible for any deficiency on the sale or foreclosure of said real property and will save and hold the plantiff harmless on said indebtedness. the defendant shall retain ability to refinance after said real property is listed for sale. both parties have the right to file bankruptcy on their debts and joint debts and will not object to each others discharge of debts in bankruptcy court. this includes the indebtedness for the real estate known as 1234 Generic St, and other obligations to each other. the plantiff will quit claim his interest in said real estate to the defendant upon/at the time of the refinancing of said marital home by the defendant. the plantiff shall fully cooperate with any refinancing or debt assumption. if the real estate sells and there is a net profit in the sale of the home, the defendant shall receive said net profit and be responsible for any capital gains tax."
so, move forward to here and now. i'm recently engaged to be married, i wanted to check to see if i could qualify for a home loan and check interest rates for the possibility of future home purchase. turns out the first place i called said, "sir, you already have a home loan through us at this said property". so as it turns out, my ex wife never got property refinanced and out of my name. she hasn't had a job in over 6 years, is a full time student now riding off grants and scholarships, her parents pay the mortage for her.
how do i go about getting this property out of my name now?
thanks for any info and advice!
i filed for and was granted a divorce from my ex wife in September 2012. we owned a home in both of our names which i wanted to get out from under and she was willing to take the property so i conceeded to give her the home in the divorce. here is the transcript from the court order:
Plantiff = me
Defendant = ex wife
"it is further ordered that the real estate known as 1234 Generic St, is awarded to the defendant. the defendant will refinance said property within 6 months (equal to 180 days) of the filing of the final hearing date of the divorce, i.e. September 24, 2012, and shall remove the plantiff and his name from liability on said property's note and mortage. if the defendant cannot refinance said property within said 6 month time period, the property will be listed for sale. the defendant is responsible for any deficiency on the sale or foreclosure of said real property and will save and hold the plantiff harmless on said indebtedness. the defendant shall retain ability to refinance after said real property is listed for sale. both parties have the right to file bankruptcy on their debts and joint debts and will not object to each others discharge of debts in bankruptcy court. this includes the indebtedness for the real estate known as 1234 Generic St, and other obligations to each other. the plantiff will quit claim his interest in said real estate to the defendant upon/at the time of the refinancing of said marital home by the defendant. the plantiff shall fully cooperate with any refinancing or debt assumption. if the real estate sells and there is a net profit in the sale of the home, the defendant shall receive said net profit and be responsible for any capital gains tax."
so, move forward to here and now. i'm recently engaged to be married, i wanted to check to see if i could qualify for a home loan and check interest rates for the possibility of future home purchase. turns out the first place i called said, "sir, you already have a home loan through us at this said property". so as it turns out, my ex wife never got property refinanced and out of my name. she hasn't had a job in over 6 years, is a full time student now riding off grants and scholarships, her parents pay the mortage for her.
how do i go about getting this property out of my name now?
thanks for any info and advice!
