I'm on the mortgage (solely), but I gave the house to her. How do I make it so that she becomes responsible for paying off the mortgage and also the insurance?

Charming_Rest_7334 · 2024-12-27T06:49:15+00:00

It should be in the divorce decree. If it’s not you shouldn’t have given her the house without taking your name off. Tell your attorney to give her a time frame.

AirSailer · 2024-12-26T04:32:48+00:00

Be aware, child support is ALWAYS modifiable regardless of the initial agreement. In other words, you agree to equity in place of CS, she can go back to the judge in 6-12 months and ask for child support (even retroactive) and the judge can/will give it to her. You won't get any credit for that equity.

This happened to a buddy of mine.

https://www.reddit.com/r/Divorce_Men/s/qsS6pwod7N

Child support is always modifiable. You both agree to x-amount of CS, the she can come back 6 months later and demand more and the agreement won't mean shit. Don't fall for the trick where the wife agrees to a low amount of CS in trade for a larger cut of home equity, some other asset, or alimony... You can give it to her then she turns around and asks the judge for more support and you won't get that equity back. This happened to a buddy of mine, he agreed to no child support in place of alimony, then his ex went back to the judge saying she need CS and the judge assigned him the states max and didn't change the alimony payment since he agreed to that and the judge cannot modify it. Now he pays her 75% of his income and lives in a shitty house with 3 other guys and barely has enough money to feed himself. He's basically lost his kids because he could not provide an appropriate living situation for them.

yankeephil86 · 2024-12-26T00:11:41+00:00

Another point after reading the whole post, you can have a lawyer draft a rent to own lease for her. Make it so the rent is the exact amount as the mortgage and increases accordingly. Then write in provisions that the sole right to the property reverts back to you if she falls to pay.

yankeephil86 · 2024-12-26T00:08:52+00:00

There are only 3 options: -She keeps the house, buys you out AND refinances your name off

-You keep the house, pay her half the equity to buy her out

-You sell the house and split the proceeds

Absolutely do not file a quit claim deed to give her the house while the mortgage is in your name. If you are on the mortgage, you are not only held responsible if she doesn’t pay, but it also makes it significantly harder for you to buy another house.

TenOfZero · 2024-12-25T00:24:22+00:00

No

Yes

warwww · 2024-12-25T00:10:56+00:00

Sounds like another “mother of my kids” post. Oh boy….

capnjackstation · 2024-12-24T23:56:28+00:00

You definitely want your name off of it. She’s your worst enemy. DO NOT trust her to keep her word to pay it while you’re still on the mortgage. A judge can make an order that says she’s financially responsible for the mortgage, taxes, insurance and failing her doing that it forces the sale, but I think it’s rare to do that - plus you’d have to take her back to court for contempt. So either push for refi or push for court ordered sale.

GuyRedditAccount · 2024-12-24T23:52:23+00:00

I had to do this with an investment property that we jointly owned (both on the title), but I was the only one on the mortgage. It went to her in the divorce because that was the only way to even up the assets. I tried assumption, but the bank wouldn't let her assume the loan (banks seldom do that, plus her credit is terrible/she has no job). I tried to get her to pay me, and I would pay the mortgage, but she refused. So we finally agreed that she would pay the bank directly, but we drafted and had recorded a deed of trust that made her liable to me if she ever failed to timely pay the mortgage or comply with all the other requirements of the mortgage (insurance, etc.). This required a LOT of attorney time and money. It sucked. But it was the only way to ensure that my credit would be protected. (Technically, she could still ruin my credit by not paying, because me going after her isn't going to fix my credit, but she would be on the hook for so much in liablity to me that she has every incentive to make the mortgage payments to the bank.) So now she pays the bank every month, and I check every month to make sure she did so, since it's still my mortgage. It was, and still is, a huge pain in the ass. In retrospect, I would have built into the settlement that she had to refinance or else sell the property, but the investment property arose at the eleventh hour and I just wanted to settle and be done with everything, so I didn't push for that (and it wasn't really on my attorney's radar, either).

winterichlaw · 2024-12-24T23:24:01+00:00

If you have a lawyer, they may have mishandled you by not getting a promise to refi from your ex, which is standard. This is a very common mistake by people representing themselves in divorces. But I have not heard your lawyer’s side of this. Yes, ex can wreck your credit if you don’t fix this. And there may be no way to fix it

RevolutionaryLaw8854 · 2024-12-24T23:14:24+00:00

She needs a new mortgage! Or maybe you have an assumable loan (relatively few are) but she still needs to qualify.

This should have all been worked out prior to the divorce

yosemitesam00 · 2024-12-24T23:10:13+00:00

If it's an assumable loan and current she can take over it, and it'll be all hers. If it's not an assumable loan she'll have to refi it in her name.

Appropriate-Shift564 · 2024-12-24T22:53:27+00:00

I looked into this briefly during my ongoing divorce. She could assume the mortgage depending on your lenders requirements. My lender wanted to see consistent income which she doesn’t have on her own so it’s likely that the house will just need to be sold, at least in my situation.

ImpressiveWar1839 · 2024-12-24T22:45:29+00:00

Get a new lawyer. Protect yourself.

pk2at · 2024-12-24T22:40:46+00:00

Quit claim deed. Lender has to agree though

Jake_Barnes_ · 2024-12-24T22:37:11+00:00

First of all, I’m guessing you settled and agreed to quit claim the house to her? If it does not plainly state she has to refinance, then she does not have to and she won’t. You’re in a bad spot. If she doesn’t pay, you’re on the line. Now worst case scenario, house forecloses and they’ll get their loan paid off, but your credit will take a hit.

I'm on the mortgage (solely), but I gave the house to her. How do I make it so that she becomes responsible for paying off the mortgage and also the insurance?

Comments

I’d sue your attorney for malpractice or at least report him to your state bar association