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In my divorce I got my house and my ex husband got the mortgage.

 
Alex Esquire's Avatar
  • Answered by:Alex Esquire
  • Attorney at Law
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Customer Question

In my divorce I got my house and my ex husband got the mortgage. I'm trying to sell my house and want to make sure I will not have any problems. Is there something I need to do for this type of situation?

 

Optional Information:
State/Country relating to question: Nevada

Already Tried:
I've only tried to talk with my ex husband but he will not return my calls.

Submitted: 475 days and 2 hours ago.
Category: Family Law
Value: $25
Status: CLOSED
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Expert:  Alex Esquire replied475 days and 2 hours ago.

Hello. My name is XXXXX XXXXX X will be happy to answer your question.

Is the house in your name and the mortgage on the house in your ex-husband's name?

Is your ex-husband making payments on the mortgage?

Do you have any equity in the house?

Customer replied475 days and 2 hours ago.

He won't sign the documents to remove his name on the deed. He also will not take my name off the mortgage.
He has been making the payments, it is behind though.
I have lived in the house for 5 years so yes I have equity into it I believe.

Accepted Answer

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Expert:  Alex Esquire replied475 days and 2 hours ago.

Thank you for your follow up.

If the court has ordered for the house to be transferred solely to your name, you can file a motion for contempt against your husband and the court will order your ex-husband to sign the house over to you which would remove his name from the deed.

Unfortunately with the mortgage it is not so simple, as the court cannot force the mortgage lender to remove the name of your ex-husband from the mortgage, unless the mortgage lender would approve an assignment of mortgage to you and/or to remove your husband from the mortgage.

Unfortunately, unless the house is transferred in your name or your ex signs all the documents necessary to the sale of your house and also the entire mortgage is paid off with the proceeds from the sale, you will not be able to sell the house.



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Expert TypeAttorney at Law
Category: Family Law
Pos. Feedback: 94.6 %
Accepts: 1259
Answered: 3/1/2012

Experience: Licensed experienced Attorney

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