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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9414
Experience:  since 1983
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I have a question regarding things between my ex husband and

Customer Question

I have a question regarding things between my ex husband and I.
So when we got divorced my ex moved out of the house that we bought together
And I am living in the house with our kids. My name is ***** ***** house still with my ex.
My question to you is my ex wants to refinance the house and in the process have my name
Removed. I not really comfortable with is a very insecure feeling for me.I not so sure I am ok with all this or that I can trust him.He tells me too he won't kick me out of the house I still free to stay here at the house.See why I not so sure can trust my ex before we got divorced he promised me he give me all his 401k that didn't happen and he didn't say or do anything to keep that promise he made with me.the other reason not sure can trust my ex he said we just leave things as they are for now and once our daughter graduates from high school we will then discuss what to do about the house.well that all changed he wants to refinance the house now have my name removed, i think if I be willing to sign the papers let him refinance The house there should be something in it for me as well.i think one of 3 things I was thinking say to my ex I was curious what your thought is.
1) I was wondering if I can still keep my name on the house even though we are divorced and he still refinance the house but keep my name on the house still
2) I thought too if he can't or don't want to do that then I thought about my ex giving me the remaining amount of money that he was going to give me in the 401k that I didn't get
3) or the other thing I think about is if I agree to sign the papers he has be willing to get in writing that once he sells the house and if he gets a profit from the house I get half of it.
So these the things I think about that I ask for.I want to know what you think do you think that what I am asking for is fair?
My ex also tells me that right now what we owe on this house is what it is worth.he also goes on to tell me that even if he did get a profit from the house he don't think it be fair to have to share any with me because he the one putting his time and money into the place. I also pay him rent too so I don't think that is fair him say that do you? So I get the feeling my ex trying get my name removed from the house as soon as possible so when time comes he sells it he probably hope make a profit from it so he don't have to deal with me.that why I feel like he trying to hurry get my name off?I hope hear back from you soon as to what you think and all.
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your questions.

1- Both names can remain on title and you can still refinance.

2- He owes you that money anyway so that is not a reason to give up any of your rights.

3- If such an agreement is not part of a Court order, it will be hard to enforce and you would be at his mercy in terms of his claims for repairs, maintenance and improvement expenses.

I do not understand why you pay him rent when you are co-owners.

I think you are correct as to what you speculate his plans are.

You can go back to Court to modify the divorce decree as it relates to the house, and to enforce his obligation to pay over the 401k.

You can get a free consultation from some of the attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.