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My husband and I divorced 10 years ago. I was young and dumb. My name was taken off the title, but not the mortgage. I didn’t know then that there was a difference. My credit has been ruined because of his late payments and near forclosures. I cannot buy a car or rent a decent apartment let alone buy a new home. Now he is selling the home. Since my name is on the loan, do I have to be there for him to sell? Should I be entitled to any money because my credit has been ruined?

5 Thoughts on Selling home after divorce?
  1. Reply
    Frog It
    October 25, 2011 at 1:52 am

    I would most definitely speak with a lawyer about it. Post in Government and law and you will get good advice there also.

  2. Reply
    Iwanna J
    October 25, 2011 at 1:59 am

    YES you should be there to make sure the mortgage is cleared completely and legally. You may or may not have funds coming. I don’t know, but a lawyer would. You are not as “young and dumb” as you were ten years ago, so don’t take the easy way out by avoiding confrontation or contact and winding up being his laundry lady. You are going to have to stand up for yourself, here, because he clearly will not. Prepare: Document your credit problems that are attributed to the house. Be prepared to file in court if he has assets that should logically go to you. If you made any payments at all after your name was off the title but not off the mortgage, document them and be ready to pursue getting repaid.

    If you don’t have recent copies of your credit reports, order them now.

    You should be entitled, if nothing else, to getting your credit cleaned up. He should be required to do that, but it may take a court to make him live up to it.

    No matter what else happens, write letters to the credit agencies disputing your part in the credit problems. You may be able to get those problems removed from your credit history. Talk to a lawyer about it NOW.

  3. Reply
    October 25, 2011 at 2:01 am

    You might have a shot at suing him for defamation, but get a different lawyer than the one you had for the divorce.
    Truth be told, though, you’d probably be better off asking the judge to remove your name from the mortgage, in case he tries to set up a take-over-payments arrangement. Once you get loose of your ex, forgive him for being an irresponsible idiot and move on to improving your credit. Why did it take you 10 years to sue to have your name taken off the mortgage?
    One last word-don’t move forward on any lawsuit that you can’t get the lawyer to agree that he doesn’t get paid unless he wins. That way, you won’t get stuck paying legal fees for an unwinnable case. The lawyer won’t take it that way if he doesn’t think it’s a sure thing.
    Best wishes for a better life.

  4. Reply
    October 25, 2011 at 2:10 am

    If your name was on title, yes. But since it is on the mortgage only, no.

    It wouldn’t hurt to consult with an attorney to see if there is some loophole you can exploit in your state.

  5. Reply
    October 25, 2011 at 2:21 am

    Hi Crista M.,

    Your name is no longer on the title; therefore, you are not entitled to the sale of the home anymore. You have given up your interest and ownership when you removed your name. You should have demanded him to refinance right after you removed your name.

    The best approach is to consult with an attorney regarding your situation. None of us here are qualified to give you any legal advice.

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