ex refused to sign transfer of house deed

[bbhlee]

Hi,

I'm divorced and have made a consent order where I agreed to pay my ex a lump sum as his share of the house. I continue to live in the marital house with my 10 year old son. I'm now in the position to remortgage. Ex agreed to have his name removed from the mortgage verbally. But when the paperwork comes, he refused to sign it. He said it's not in the consent order. From what I can understand, I can do whatever I want with the house once my ex received the lump sum/his share of the house.

Where do I stand in this situation? Will I be able to bring my ex to court as breach of consent order?
He hasn't contributed towards the mortgage for the last 5 years and to this date.
Anybody in the similar situation before? Advice please.

Many thanks.

Janet

 

[stealth2]

Is this a court order?

 

[adjusterjack]

Where do I stand in this situation?

Between a rock and a hard place.

Will I be able to bring my ex to court as breach of consent order?

Should be obvious that you'll need to go to court to have him compelled to sign.

He hasn't contributed towards the mortgage for the last 5 years and to this date.

Not really relevant to the situation.

Anybody in the similar situation before?

Thousands. But it doesn't help you to know that.

Advice please.

Lawyer.

 

[quincy]

What is the name of your state?

 

[bbhlee]

Is this a court order?

Hi, the lump sum payment is a court order.

 

[stealth2]

Hi, the lump sum payment is a court order.

And what does the court order specify as to what happens next? Okay, you pay him $X, and then what?

 

[stealth2]

And yes - the state matters.

 

[bbhlee]

Basically it says I can't sell the house until son turns 21 but there's a statement

'on or before the determining event the applicant respondent wife shall have the right to purchase the respondent petitioner husband's interest in the property for nil consideration'

Have I misunderstood the statement? I'm scared now.

 

[stealth2]

State? Why are you resistant to answering that question?

 

[bbhlee]

sorry, it's Texas

 

[adjusterjack]

Putting aside what "nil consideration" means for the moment, your ex is an idiot if he thinks you get to purchase his interest without him signing over his interest on a quitclaim deed.

 

[LdiJ]

Hi,

I'm divorced and have made a consent order where I agreed to pay my ex a lump sum as his share of the house. I continue to live in the marital house with my 10 year old son. I'm now in the position to remortgage. Ex agreed to have his name removed from the mortgage verbally. But when the paperwork comes, he refused to sign it. He said it's not in the consent order. From what I can understand, I can do whatever I want with the house once my ex received the lump sum/his share of the house.

Where do I stand in this situation? Will I be able to bring my ex to court as breach of consent order?
He hasn't contributed towards the mortgage for the last 5 years and to this date.
Anybody in the similar situation before? Advice please.

Many thanks.

Janet

I think that your ex is an idiot. His credit is tied up in the existing mortgage and him refusing to sign off on your refinance is ludicrous...particularly since your refinance also gets him his lump sum buyout.