# House With Ex Husband



## ihatethis (Oct 17, 2013)

So I got a divorce 2 years ago, but my name is still on the house. My XH can't get it refinanced and he doesn't have a co-signer.

He is on and off with his girlfriend so much, I don't know what's ever happening, except she was going to move in but then they broke up, etc.

Now they're back together, and I don't want her there if my name is on the house. (my XH had an affair w/ her)

Is there anything I can do to make sure she doesn't stay there or what are my options?


----------



## Nucking Futs (Apr 8, 2013)

You could go back to court to try to force a sale of the house. Is there anything in the divorce about it?


----------



## kristin2349 (Sep 12, 2013)

Nucking Futs said:


> You could go back to court to try to force a sale of the house. Is there anything in the divorce about it?


^I agree^ This should have been addressed in your divorce decree.


----------



## SecondTime'Round (Jan 15, 2015)

I agree, too. The house needs to be sold and any proceeds split!


----------



## IamSomebody (Nov 21, 2014)

Go speak with the attorney who handled your divorce and ask why this was not addressed back when you divorced. Then demand it be addressed now.

IamSomebody


----------



## MattMatt (May 19, 2012)

IamSomebody said:


> Go speak with the attorney who handled your divorce and ask why this was not addressed back when you divorced. Then demand it be addressed now.
> 
> IamSomebody


Because if they failed to address this issue you might be able to sue them for failing to look after your best interests.


----------



## Livvie (Jan 20, 2014)

MattMatt said:


> IamSomebody said:
> 
> 
> > Go speak with the attorney who handled your divorce and ask why this was not addressed back when you divorced. Then demand it be addressed now.
> ...


Geez... You can put it in a divorce judgment that a party needs to refinance a home, but an attorney can't magically make that happen, you can't force lenders to do it.


----------



## IamSomebody (Nov 21, 2014)

Livvie said:


> Geez... You can put it in a divorce judgment that a party needs to refinance a home, but an attorney can't magically make that happen, you can't force lenders to do it.


You never just leave it as the other party will refinance, you always have a contingency with a time limit, e.g. exH will refinance within six months, otherwise house is to be listed for sale.

IamSomebody


----------



## Livvie (Jan 20, 2014)

You can put all the deadlines you want in a document, but if the person can't refinance, they can't. You don't sell the house if the asset has been granted to the party and they are entitled to keep it. It sounds like he is keeping the property, he is just supposed to get her off the mortgage. She wasn't completely specific.


----------



## ihatethis (Oct 17, 2013)

Well we didn't have lawyers, we just filed and listed things that we wanted each other to have. We don't have children and we didn't want to fight, and so we just did what we thought was best.

I left him the home, and he had always told me he was going to sell it. Well this was 2 years ago, and he still hasn't sold it.

But, that is correct that even if in the documents it says he is to refinance, that doesn't mean he HAS to because if a lender won't let him, they won't let him and there is nothing he can do. 

But, I'm wondering what my options are about someone else living in the home, with my name on it.


----------



## anonmd (Oct 23, 2014)

The OP's post is a little confused, she needs to go back to her lawyer and discuss the matter. 

Why do I say confused? "My name is on the house" is not what she should be concerned about, that is actually easy to fix. The problem is her name is on the mortgage. If all you want is your name off the house file a quit claim deed - https://www.rocketlawyer.com/form/quit-claim-deed.rl If you want your name off the mortgage and he can't qualify force the sale.

PS - I was typing as you were doing the last response


----------



## Peaf (Feb 8, 2016)

So the real issue isn't the house, it's that his girlfriend is going to move INTO the house......
"I left him the house"....well there you go, let him live in it with whom he pleases since that the decision you made upon divorce. 

Are you still paying the mortgage on it? Is he current on payments? Are there other issues besides WHO is living there? 

If you don't have kids, why are you involved and even know anything about his current situation with his girlfriend?


----------



## MRR (Sep 14, 2015)

No, you cannot do anything about who lives there and you should not care two years later; unless there is some sort of potential harm to your children. Before you think of manufacturing that particular scenario in your mind, remember there may come a time when YOU are with someone new and you may not appreciate him trying to turn your kids against your new person.


----------



## staarz21 (Feb 6, 2013)

Legally, I have no idea what your rights are considering you do not reside in the home. I am assuming the person living in the house can say who lives there and who doesn't so long as he is part owner of the home as well. Are you still paying the mortgage or part of it? You need to go to a lawyer to see what you can do about getting off the mortgage (aka, selling the home and splitting and assets if there are any). 

Why not just go to court to force a sale? It's been 2 years, leave the dude alone and separate.


----------



## brooklynAnn (Jun 29, 2015)

Call the lender of your mortgage and find out what you need to do to take your name off the mortgage. Once, that is resolved sign a quick claim deed to have your name removed from the deed and give him the house in his name only.

You don't get to decided who lives in the house with him. You are divorced and have no control over him. It was your mistake to not get your name off everything when the divorce went thru.


----------



## Lostme (Nov 14, 2014)

In my states did the quit claim deed, EH could not get refinanced in his name house got foreclosed and it went on my credit. A quit claim deed in my states does not matter your name is just off the deed but still on mortgage, I got screwed over bad. Learned my lesson it is now off my credit, but was miserable while it was/


----------

