CanI take back my ex-husband’s house that is about to be foreclosed on?

My ex-husband got both houses in our divorce. We are both on the mortgages and he hasn’t made a payment on the one he lives in for 3 months. So is there any way Ican pay the past due and get the house back from him before it goes into foreclosure?

Asked on October 25, 2011 under Family Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your former husband is willing to quit claim to you his interests in the house that you are writing about that is in foreclosure and you have the financial ability to cure all past due amounts, I see no problems as to why you cannot do what you want to do regarding this home.

However, before you decide to make payments on the home to cure all arrearages, I recommend that you consult with an experienced real estate attorney about what you want to do in order to safeguard your interests. The attorney consuled should draft the suggested quitclaim to be signed by your former husband and recorded where you would take title to the home. You also need to call the lending institution to make sure of the exact amount of money that is due to cure the default.

Finally, you need to decide what you plan on doing with the home assuming you get legal title to it. Are you going to rent it out to your former spouse?

Good luck.


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