Question by : Is refinancing my mortgage the answer?
I have been divorced for 5 years and my credit is being dragged thru the mud for the fact that I never went thru a lawyer to get all the details worked out of the divorce. i.e. division of property, etc. I just wanted out as fast as possible. Since then, my ex has been living in the house we bought while married and has been making the payments with the money she gets from me every month. Until recently there has been no problems. Since my name is still on the mortgage I get updates from the bank and I found out that the payments are 120 days behind and getting close to the foreclosure stage. We dont talk so I cant find out what the problem is (nor would she tell me if I did ask) and my credit is diving fast. I’m not familiar with the legal aspect of this so I was wondering. If I refinance under my name only, can I force her out of the house under texas law since it was not awarded to either party during the divorce?
Best answer:
Answer by bdtxpress
Nope. You are stuck without lawyer. First you would have to get a lawyer, and go back to court. Explain how what your ex wife is doing is about to drive you in the ground financially. Either fight for the house yourself, or cut your losses and let her have it. You had better do something quick though because if it is currently in both of your names, it will go on both of your credit reports. Texas, is known for being a “womans state” so you could lose the house anyway to her. Now, if it is only in your name and she was supposed to take over the payments but never did, file for eviction with the divorce decree (if its in your name only) and file eviction. You will have to give her like up to 30 days to leave. Then you refinance, under your name only and shes gone and thats that.
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Get to an attorney now with all the paperwork from your divorce. Bad mistake in not hiring an attorney to do your divorce right, but can’t cry over spilt milk. See what can be done but more than likely your credit is trashed and you will be renting for a while. Is your name still on the property or did you quit claim away your interest?
See an attorney, but there may not be much damage control that will work at this stage of the drama. Sorry.
Sorry but you cant refi if you are late on the mortgage or have bad credit. You are better off taking it to court and then trying to work on modifying your loan at a later date.