How can we force my husband’s ex wife to get his name off the mortgage? What forms do we need?
Randi asked:
My husband and his ex wife bought a home after they got divorced. We are now trying to buy a home but can’t because he is still on that loan with her. Because they bought it after their divorce was final its not in the divorce papers. What can we do to force her to refi the home into her name alone without hiring a lawyer? Is there a form we can fill out and take to the judge?
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letter to ex
You cannot force her to do anything.
She probably cannot refi by herself, that is why she needed the ex hubby on the loan to begin with.
You can contact a real estate lawyer and see where you stand, but my guess is, he is going to tell you there isn’t much you can do to force her to refi on her own.
how to ex back
No, you can’t force this. Even a lawyer can’t help you. Your husband signed the contract, he can not simply remove his signature and you can not sue her, she is not at fault for anything.
apologize writing
You don’t need to buy a new home, you already own half of one. Move in with the ex. Nothing short of refinancing will fix this. If your husband bought this house, then he is also building equity. He can also be on the hook for the payments if she stops paying.
get back wife
There is absolutely nothing you can do with this situation. I’m not sure why your husband bought a home with his ex-wife AFTER the divorce, but it was not a very bright thing to do. You cannot FORCE a re-finance. You can only ask her to do so.
apologize writing
I hate to break it to you…you can’t.
She has the SAME legal rights to that home as he does.
The transaction doesn’t have anything to do with you. There is no ‘WE’ to it…it’s between him and her.
It is not in the divorce papers, and it’s his stupid decisions, along with hers, that lead to it.
You cannot force her to refinance without asking a judge to dissolve the transaction, which is done one in two ways:
Forcing the sale of the home.
Forcing the refinance of the home.
EITHER WAY SHE GETS 50% OF THE PROCEEDS.
Because it is not marital property it is considered BUSINESS transaction.
But you cannot do it without her either agreeing to it or a court order.
There is no Option C.
You are trying to do the legally impossible.