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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In my divorce i signed the house over to him but my name is

Resolved Question:

In my divorce i signed the house over to him but my name is XXXXX XXXXX the loan/s. I've never paid a dime of the mortgage and haven't lived there for over 2 years. he's remarried and now wants to 1) short sale and me sign the papers or 2)if i refuse he will forclose. Is there ANYTHING i can do?? I said for $10,000 i would sign and agree to the shortsale so i could use that money to payoff a credit card and begin to repair my credit he will damage. He refused and said he will forclose then... Any advice would be greatly appreciated!!
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Roger replied 7 years ago.

If you signed your interest in the house over to him in the divorce, all he has to do is file a motion to compel you to execute the documents necessary to effectuate the sale, and if you don't you could be held in contempt of court and fined/jailed for failing to follow the courts order. If you have already signed away your interest in the house, you have no right to demand money to sign the documents. Be careful with this; it could turn against you!



Customer: replied 7 years ago.
Could i take him to court and ask that he refinance to get my name off before he short sale or forecloses on the house?
Expert:  Roger replied 7 years ago.

You can ask the court to order him to refinance, but if he is in a financial condition that has him looking to do a short sale or foreclosure, its not likely that a refinance is possible for him. Also, a court can't order the lender to take your name off of the loan.



Customer: replied 7 years ago.
Thank you for your help!! I have numerous emails to back up him saying that he's tired of the house because its worth less than he owes and he wants to go by property and a new house so his wife can stay home and not work. Does that help me?
Expert:  Roger replied 7 years ago.

It's not going to change the fact that you've already given up your interest in the house and don't have standing to refuse to sign docs to allow him to sell the property.


His motivation for wanting to get rid of the house really has nothing to do with you.

Customer: replied 7 years ago.
Can i sue him for the damage he is going to do to me and my credit. Knowing that he can afford his house but is choosing not to pay/or stop paying?
Expert:  Roger replied 7 years ago.

The court order from the divorce stating that he assumes the house and note gives you the right to seek an order from the judge compelling him to pay any money damages as a result of his default.


Thus, you've already laid the groundwork and have actually already won in the sense that you're not responsible and he is. The judge should grant you a judgment for any damages - including money - that you incur as a result of this event.



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