My ex and I divorced in 2012. We had bought a house together in 2007. Both had put down 10% of the downpayment amounting to 40000 each. At the time of divorce he had me sign away the house to his name alone. I was so emotionally distraught that I didn’t even get a copy of the papers. And was stupid enough to trust him when he said he’ll take my name off the loan. I walked away with nothing as I didn’t hire a divorce lawyer.
I found out late 2018 that my credit rating was low and was shocked to discover the cause. Yes, my name is still on the mortgage and the bank refuses to take it off even though I sent them the divorce papers. When I called and confronted my ex he promised to take my name off. 6 months later he still hasn’t done anything.
Can I sue him? The divorce was mutual and granted nothing to me. I’m worried about the future and if I can buy a house again. What can I do now after so many years have passed?
Your ex would have no obligation to remove your name from the mortgage unless the separation agreement or court order required him to do so. The only way to remove a name from a mortgage is to either refinance the mortgage or sell the home and have the mortgage paid off.
If your separation agreement/court order requires him to refinance the mortgage and he has not done so according to the terms, then you would be entitled to file a breach of contract lawsuit against him (for separation agreement terms) or a contempt motion against him (for court order terms).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks. There is nothing in the decree that says he has to take my name offthe mortgage. I would however like to know what my options are since it has impacted my credit. Would you be willing to do a consultation to explore options?
There would be nothing you can do in the family law realm since the equitable distribution order does not require him to refinance or sell the house. If your name is still on the deed to the house you may be able to file a petition to partition to have your interest in the home divided from his. This would be done through a litigation real estate attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Oh I see. Thanks so much for the response! Sadly I signed away the house to his name and he had promised verbally to remove my name from loan. He has not kept the promise. I don’t know if it’s possible to file a lawsuit for damages to my credit and hindered my ability to take a loan. Should I still reach out to a real estate litigation lawyer?
For damages to your credit, speak with a civil litigation attorney to determine if this is a viable remedy for you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.