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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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my wife that I am divorcing is pissed that I wont sign over

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my wife that I am divorcing is pissed that I wont sign over the house to her and says put it on the market. Call me by Friday if not I will not make payment on the house and put it into forecloser snd mess up both of our credit. I do not live there now she kicked me out and do not have keys but name is XXXXX XXXXX the mortgage and the deed.
-Could you explain your situation a little more?
Are you saying she wants to put it on the market or you?
Has the divorce actually been filed in the court?
Are the mortgage payments current?
Is the house worth more than the mortgage?
Customer: replied 3 years ago.

- I am saying she wants to put it on the market but i want her to buy me out.

-I cant talk to her there is no reasoning w her at all.

- no divorce has benn filed w the court yet I think i am doing that on Friday ---the mortgage is 1800 a month we owe 277,000 on the house.

-mortgage payment are current


Dear JACUSTOMER - If the house is sold you would be entitled to half of the proceeds so that is what you would get if she bought you out. You would actually be in much better financial position if the house were sold since your name would then come off of the mortgage. If she buys you out you cannot get your name off of the mortgage until she sells or refinances which could be a long time and would prevent you from being able to get a new mortgage if you want to buy another property in the future. I'm not certain whether the house is worth more than the mortgage but in order for either of you to receive anything it would have to be sold for more than the $277,000. While you are married and until there is a divorce case filed and court orders issued this is simply a marital dispute and private agreements are not enforceable in the court. My suggestion, before you do anything with the house, is to get your divorce filed so that any agreement you make can become part of a court ordered separation agreement. You cannot be forced to sign anything without a court order and I certainly wouldn't suggest that you sign over the property until the mortgage is paid as you would lose all control and still be liable for the debt. She also had no right to kick you out unless there was a court order but that is a different issue. I can't imagine she would allow a foreclosure if the house is worth more than the mortgage but you certainly have the right to make the payments to prevent this if necessary.
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