i live in florida and ive been divorced from my husband for roughly a year. both our names are on the house im currently living in. i pay the mortgage on time every month and he lives else where. he keeps sending me harassing text messages telling me since his name is on the house and he is filing for bankruptcy i will lose the home. is this true in any way? he also refuses to sign over his rights to the house. please any advice would be helpful.
Categorized | First time home buy
11 Responses to “Can I Lose My Home Because Of My Ex Husband?”
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if you can prove that you’re making the payments for the house each month it shouldn’t be a problem.
yes…
depends on how much equity the house has. it is irrelevant that you are making the payments, you have an asset in joint names. it is possible you may lose your home
dont waste time, see a lawyer, you need advice – not opinions
See a lawyer and have his name removed,if he isn’t paying the mortgage,you can do that. Be quick about dealing with this. If you have children together and they are minors,he has to provide a home for them..
He could be right. I’m not familiar with Florida state laws, but unless the judge in your divorce awarded you the house, in some states the court could order that the house be sold and half the proceeds paid to your ex-husband’s creditors.
You should consult a lawyer.
Contact your attorney. If you got the house in the divorce then an attorney or the judge should have ordered him to sign the house over to you and to have you refinance the house in your own name.
Major mistake.
Call an attorney for advise and do it TODAY. I do not believe that if property is jointly owned and is being paid for that it could be lost in a bankruptcy situation. However, that is what lawyers are for.
Call today, do not delay. Besides, you are paying for this house and you should have it in your name only. The deed and the mortgage should be held by you alone. Creditors of his could very well put a lien on your property while it is still in his name. It is confusing. Call your attorney today.
As long as the obligation of the loan is being met and your divorce is final no judge in there right mind will go for that, more than likely take his name off the note weather he signs it over or not. what a jerk.
Yes, he is correct. You should be careful.
What does the divorce decree say?
If he is still half owner as per the divorce decree than yes, he can lose his half the equity. It will be tedious on your end but start gathering copies of the checks you paid to the mortgage company post divorce.
Bankruptcy Court will want to talk with you and they may allow you to re-fi in your name but only after they take their cut of his bankruptcy.
With the current Real Estate debacle, Bankruptcy Court will probably try to help you more than hurt you.
Just be prepared.
My advice is to give him his 1/2 of the equity and refinance in your name alone in exchange for his signing a quitclaim deed.
The way you have the documentation structured now that house is 1/2 his and his creditors have a legal right to seize at least a portion of it’s value.
its something that should have been settled before divorce. you should pay him for his half of the equity so he will sign off. then try to refinance because as long as he is on the loan you have problems.