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How does Tom get her name off of the house? Can Tom go back to the court against ex-wife for breach of divorce decree??
North Lima, OH
Viewed 16 times.
Posted 9 months ago in Divorce / Separation
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Tom was divorced in March of 2007. Judge ruled that Tom's name still remain on the house where ex-wife resides, whereas she is responsible for maintenance and mortgage payments. Divorce decree states that wife will sell or re-finace within one year (March 2008). Wife did neither and Tom had to take her back to court in September of 2008. Finally, the house is up for sale and meantime, ex-wife is late on her mortgage payments. This is ruining Tom's credit. At this point in time, he is only trying to protect his credit rating and needs his name off the house.
Answers (1)
David G. Weilbacher, Esq.
This attorney is licensed in Ohio.
Posted 9 months ago.
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As long as his name is on the promissory note that is secured by the mortgage, there is little he can do. That was the whole point of her refinancing; to get his name of the promissory note. The best he can hope for is that the house sells for enough to cover the promissory note; if not the bank may pursue him for the balance. He can always get a judgment against her for any judgment taken against him by the bank. It would then be up to him to collect from her.
Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer. |
