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Can I sue to take house from ex-husband if he is defaulting on mortgage?

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pab08

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

We were divorced in September of 2011. Decree awarded him the house and 100% of the financial responsibilities for the house.

As I was on the mortgage with him, he agreed to refinance in his name only. His bank called me in to sign papers for the refinance, and I signed them. The bank said it was approved and all done.

Yesterday, I went to get a mortgage to buy a new home for myself, and I was told
1) He never refinanced. I am still on his loan. He didn't like the new terms of the refinance, refused to sign and never informed me.
2) He hasn't made a payment in three months and because of this, my credit score has dropped significantly.
3) I am now unable to get approved for a mortgage to buy my own home.

Can I go to court and sue him to take the house? He can not and will not pay for it. He can not or will not refinance and remove my name from the mortgage. If I have to pay for the house, should I not be able to have him evicted in order to allow me to live there? Or, do I just have to make his payments so that he can live for free while I have to live in a tiny apartment?
 


justalayman

Senior Member
You can go into court to have the order that is already in place enforced. If he refuses, you can ask the court to take some other action such as demanding the house be sold and the mortgage be repaid so as to remove your liability.
 

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