How can my mother get my father to take her name off a housing loan that is destroying her credit?

My parents divorced 5 years ago, and my father has refused to refinance housing loans that are in both of their names so that my mother can sell the house (he is living in a new house). He also refuses to pay the minimum on the loan amount, so my mother is getting calls from bill collectors despite him leaving her with nothing (and full custody of 4 children). She can’t afford to make payments on the house they bought but if she sells at a loss, she won’t have a way to buy or rent something smaller. Is there a way for her to sue/force a refinancing?

Asked on July 5, 2012 under Family Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written about the dispute that your father and mother have concerning the house they presumably both own and the loan and monthly payment issues is for your mother to consult with a real estate attorney to go over various options to try and resolve the problem.

The one option I see is for a partition action be filed against the former husband where the court is asked to have one party or the other buy out the other or order the property sold. Potentially the court may have reserved power to order the parties to cooperate with each other to try and refinance to a lower interest rate under the marital dissolution agreement that they presumably have in place.


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