Question by sillygurlkim: What can I do to get my ex-husband to refiance the mortgage to remove my name?
I divorced last year. He was suppose to remove my name from the mortgage by refinancing it. My name was never on the deed. He started the refinancing process and canceled it because he would have to have a survey and appraisal. What can I do. I want to buy house of my own and I can’t with my name still on this loan. What if any can the mortgage company do?
Best answer:
Answer by acermill
There is NOTHING you can do, other than taking your former spouse to court in an attempt to enforce the terms of the divorce decree. As a real estate broker, I see such agreements more than I want to. Had you had a QUALIFIED divorce attorney, he would never have agreed to such without your ex refinancing the loan BEFORE the divorce was finalized. Sadly, you agreed to something which requires more court actions to enforce.
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See if the Mortgage holder will do an assumption with you signing the Mortgage over to him.
Also all refinances require an appraisal. Surveys are usually required if an improvement was made to the property such as a shed or fence or if the survey is over 10 years old so I would not know why he is not willing to pay for that.
Lastly, was it in your final divorce order that he was to refinance the house to get it out of your name? If so, he is in comtempt of court and you should file a motion with the Judge that signed your final order to force him to comply.
If the only reason he didn’t refinance was the appraisal and survey costs why didn’t you offer to pay for them? The only reason he was going to refinance was for you so you should offer to shoulder any costs that are necessary. That is just on the practical side of this issue.
The other side of the issue is probably that he cannot refinance because the equity is not in the house in order to make refinancing possible. He could sell the property at a loss. If he did so then would you be willing to make up the difference between the selling price and the loan pay off?
This is a very difficult time to sell or refinance. Even in better times it is not always easy to get out of a mortgage by selling property with little or no equity. He needs a place to live and is paying the mortgage. You will just have to cut him some slack and be content with renting or with some other arrangement. To be sure your options are limited as are his but that is just one more cost of a divorce. Sorry but sometimes there are no easy answers.
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