Refinancing/ Mortgage

Snowbirdy · 2020-11-18T11:56:34+00:00

IANAL, but assuming that your divorce paperwork was entered into the court as an order, then your divorce attorney can make a motion to hold her in contempt.

Talk to your divorce lawyer.

jimsmythee · 2020-11-18T16:41:35+00:00

This is a very common problem in divorces where when married, the house was in both names (deed and mortgage) and then they decide the house goes to 1 party. The court can say "spouse will refinance the house as soon as possible, blah blah blah, hope for the best."

But your exwife is unemployed now, so no bank in 100,000 miles is going to get a new mortgage in just her name. No proof of income. The judicial system can't force her to do what she can't do.

The bank wasn't a party to your divorce so they're holding you both to the terms you both signed, back when you were married.

Unfortunately, you don't have much recourse. And options? If she stops paying and the the house goes into foreclosure, then it does. If she keeps paying 30/60/90 days late? Then she does. Sorry, it's a bad situation and there isn't a solution for you.

Whatever you do, DO NOT give her money to get caught up on the mortgage in the vain hopes it will save your credit. If you do, you're only postponing the inevitable foreclosure.

bslichy · 2020-11-18T13:51:13+00:00

Hope the paperwork has a timeframe written in. My gf got screwed from her ex on a joint card he ended up with—he stopped paying and there was little that could be done without great expense (of course a cc is less exposure than a mortgage).

The lenders don’t care about the divorce papers, they are only concerned about the papers you signed with them....

Mark_Ma_72 · 2020-11-18T16:41:18+00:00

It seems you guys are in amicable terms, but she is in a bad situation - can't refinance without a job. You might have to pay for the mortgage (consider it as spousal support) till she gets a job. Hope you have much better future with your new GF.

InAJam_SoS · 2020-11-18T17:48:52+00:00

Well, I'll share my experience. Gave the house (was in process of being rebuilt after she pulled shenanigans to not have it acquired through government assistance. It was destroyed in a natural disaster), the car (w/loan payments left). This was in May 2019 and the agreement was signed off by our attorneys and a judge. She has yet to take over the mortgage or get a new one. I paid it for as long as I could; many months. I don't know if she's even able to get a mortgage or refinanced at this point. My credit has been ruined. After 3 hearings (for different motions) it was finally established that I was not responsible for the mortgage. My attorney has yet to file a contempt motion on this issue citing the judge may look at it unfavorable as she is a very friendly female judge. This has been true and devastating to myself and kids through other decisions and rulings she's made during this process. I'm learning that because the mortgage was not addressed specifically in the court order that was signed off on by 3 legal parties that I am now just left holding the bag. When you "no longer have a interest in the property" is doesn't mean you no longer have interest in the mortgage. This is insane but true, at least in my case. I really don't know what to do about this and many other issues that have arisen because this court is unapologetically biased toward fathers. She has yet to get the car in her name as well. It's incredibly frustrating and I've been ruined and it seems there's nothing that can be done. It seems like your attorney was smarter than mine because there is a stipulation in your order. You may be able to use the pandemic to get temporary relief and I believe a contempt motion is the way to go. Be specific and detailed in everything you do. Keep notes, journals, and copies of everything. Expect the worst because there's a good chance, if you're a male in the family court system, it will happen. Best of luck to you and if you find someone knowledgeable enough to give you guidance ......send them my way.

dogsrule2019 · 2020-11-18T14:20:09+00:00

I'm in the biz. Do you pay spousal support? After that's received for 6 months it can be used as income for her.

thots-and-feelingss · 2020-11-18T19:04:22+00:00

You have to file a contempt of court order. But seriously, it has already affected your credit.

Let’s face it, She can’t afford the house. Is she realistic enough to understand you both need to sell it? Or she needs a room mate or magic wizard to come up with the money. I’m sorry this is your problem if she never got it refinanced. You still own the house, and this is still your problem.

SpacemanLost · 2020-11-18T22:51:45+00:00

Whose names are on the title and on the mortgage(s)?

Reptar44 · 2020-12-03T15:25:26+00:00

Sell the house and split the equity. Way cheaper than pursuing legal consequences.
You'll be free of that debt on your credit and she'll have a little stash to start something new for herself. She can rent or rely on her bf to buy/rent. As amicable as you are, it shouldn't continue to be your responsibility with no end date.

NatGasKing · 2020-11-18T11:20:34+00:00

Following, I’m early in a similar process and I don’t expect this to happen to me, but you never know and need to be prepared.

iNAL. You should probably pay the mortgage and take her to small claims court to get a judgement from her. Likely, you need to talk to the mortgage company as well.

hotantipasta · 2020-11-18T12:38:10+00:00

Did your lawyer put any stipulations that it had to be sold within a certain period of time after the divorce? My friend had the same thing happen and there wasn't anything stipulating a time frame. His wife ended up taking 3 years to refinance.

Title	Refinancing/ Mortgage
Author	thots-and-feelingss
Upvotes	8
Comments	23
Date	November 18, 2020 6:40 AM UTC (5 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/jwawvw/refinancing_mortgage/
Archive Link	https://theredarchive.com/r/Divorce_Men/refinancing-mortgage.817748 https://theredarchive.com/post/817748

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