My fiances ex wife is over 3 months behind on the mortgage that is in both of their names and it is preventing him from getting a mortgage now? He gave her the house in the divorce
Your answer will likely depend on the language in your finance's divorce decree. You should find a lawyer experienced in marital property division to go over the decree and all your details and advise you. Good luck!
You will need to go over the divorce decree and see how the debt was divided. Also, you can't bind a third party to a contract. This means that he isn't necessarily off the hook just because the decree says she is responsible for the payment. If the decree says that she got the house and was responsible for the payments and she stopped making them, then you may have a contempt situation. I suggest also calling the mortgage company and sending them a copy of the decree, if it says she is responsible. The company may accept this as a method of removing his responsibility, but it may not. If not, then you will have to go through the Court route. He may also have to make the payments himself to ensure his credit doesn't get ruined. In that case, he can request the Court to modify the divorce decree to give him credit for paying the mortgage and maybe even force the house to be sold or otherwise handled.
He should contact his divorce attorney and see whether they got a deed of trust to secure assumption. If so he can catch up the payments and sell the house.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
No, you cannot remove your name from a mortgage. You need to retain the right type of attorney. Only a TX mortgage foreclosure defense and matrimonial attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation. You need to retain the best mortgage foreclosure defense and matrimonial attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The Constitution of the United States prohibits the government from interfering with private contracts, including mortgages.
There are workarounds to this general prohibition under certain circumstances. Your fiancee should first contact his original divorce attorney to see his options.
Have the divorce papers reviewed by a lawyer. Usually, when a spouse gets a house and responsibility for the mortgage, the other ex-spouse receives a deed of trust to secure assumption. This permits the ex-spouse who did not get the house to bring the mortgage current and take the house from the other in a foreclosure. Your fiance must find out if he has such a deed. If not, he will have to negotiate a resolution with his ex. Maybe he can buy the house from her. 1st step, see a lawyer.
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