I am in California.
I had a 24 year marriage. In our Marital Settlement Judgement- I agreed to giving my ex 5 years to refinance our primary residence. Both our names was on the mortgage loan at the time of divorce. He has lived in it and I agreed to let him make payments ....he agreed to be responsible for all expenses associated with the property and has also had the tax and income benefits from it. Our 5 year agreement was up on Feb. 26, 2019. My ex was unable to qualify for a loan assumption or a refinance in the 5 years. I filed a motion one year prior to the termination date of our agreement to ask the courts to enforce an immediate sale. At that hearing, he argued that because I did not sign over the title to him that it was causing a hang up in his ability to qualify for a morgtage loan himself. The judge ordered me to sign the title over to him immediately- which I did. That year came and gone- and he was still unable to qualify (it was all a stalling tactic if you ask me). Since, he was required to put it up for sale while he still lives in it and pays on the morgtage. We are coming up on 6 years now since our divorce. Is there anything I can do to force him out of the house....he has had it listed at an obnoxious and unrealistic price. I told the courts that it was over priced- the judge instructed me that I could pay for an appraisal from a list of 3 appraisers that my ex would give me. I did promptly. The appraisal came in $300,000 under his listed market price. He as reduced it to $1,479,000.00 but has not lowered it any further. I feel that the court is not doing anything to move this along. I need my name off of that mortgage- it is a $1.2 million dollar jumbo loan. With my name on that- it puts my income to debt ratio thru the roof and my credit score is affected also by the debt I acquired and have not had the capability to pay down or on since 2013....so I also have huge delinquencies on my credit....I do not own a credit card, I cannot qualify for a loan, and have no fall back on any financial credit. What can I do to get him out of the property and the loan out of my name....he is moving very slow on moving this along.
I had a 24 year marriage. In our Marital Settlement Judgement- I agreed to giving my ex 5 years to refinance our primary residence. Both our names was on the mortgage loan at the time of divorce. He has lived in it and I agreed to let him make payments ....he agreed to be responsible for all expenses associated with the property and has also had the tax and income benefits from it. Our 5 year agreement was up on Feb. 26, 2019. My ex was unable to qualify for a loan assumption or a refinance in the 5 years. I filed a motion one year prior to the termination date of our agreement to ask the courts to enforce an immediate sale. At that hearing, he argued that because I did not sign over the title to him that it was causing a hang up in his ability to qualify for a morgtage loan himself. The judge ordered me to sign the title over to him immediately- which I did. That year came and gone- and he was still unable to qualify (it was all a stalling tactic if you ask me). Since, he was required to put it up for sale while he still lives in it and pays on the morgtage. We are coming up on 6 years now since our divorce. Is there anything I can do to force him out of the house....he has had it listed at an obnoxious and unrealistic price. I told the courts that it was over priced- the judge instructed me that I could pay for an appraisal from a list of 3 appraisers that my ex would give me. I did promptly. The appraisal came in $300,000 under his listed market price. He as reduced it to $1,479,000.00 but has not lowered it any further. I feel that the court is not doing anything to move this along. I need my name off of that mortgage- it is a $1.2 million dollar jumbo loan. With my name on that- it puts my income to debt ratio thru the roof and my credit score is affected also by the debt I acquired and have not had the capability to pay down or on since 2013....so I also have huge delinquencies on my credit....I do not own a credit card, I cannot qualify for a loan, and have no fall back on any financial credit. What can I do to get him out of the property and the loan out of my name....he is moving very slow on moving this along.