How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12209
Experience:  JD, MBA
Type Your Family Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

My exhusband still lives in our house but refuses to take

Customer Question

My exhusband still lives in our house but refuses to take out a loan or refinance to pay me my portion of the equity? My name is ***** ***** the deed and mortgage. Unfortunately the judge said he could make payment for 11 years. Even with payments he hasnt paid for 3 months. His name was not on the credit cards so I am required to pay the $40000 we accumulated over 22 years. Can I take out a home eqity loan on the house to pay my debt off without his signature?
Submitted: 1 year ago.
Category: Family Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Shall I assume that the judge awarded the house to your ex? If so, then you should not take out a home equity loan on the house. Your ex could complain to the judge, and you could be found to be in contempt. Of course, it's unlikely that a lender give you a home equity loan anyway. They would see the order from the divorce court, and then know that you do not have clear title to the house.

I wish that I had better news, but does that answer your question?

Customer: replied 1 year ago.
No. I chose to move out. The orders state that he gets the house because it was mutually agreed. My name is ***** ***** deed as well as the mortgage, even though he is making the mortgage payments. I am basically loaning him my portion of the equity until it is paid in full, right? He has the option to pay me a lump sum or even a partial lump sum. If he wants to give me payments, he has to do it by the first of the month. He has not paid me anything for 4 months.