Do I have a right to ask for some kind of compensation if I am stuck with a house that I can’t afford?

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Do I have a right to ask for some kind of compensation if I am stuck with a house that I can’t afford?

I have been divorced, officially, for almost 2 years. I have a very reasonable child support/spousal support award. The problem is that this support will end in 2 more years. I am trying to plan ahead for this. I would like to refinance my house but cannot for a couple of reasons. The first is that my credit is shot because my ex-husband filed for bankruptcy because of a small business failure. Since I co-signed for his business loan, I am liable for the

debt. The second reason, which I only found out about after we were divorced, is that I cannot

remove my ex-husband’s name from the mortgage even though I am the primary owner because there is a lien on the house due to tax problems he had with his business.Basically I am trapped in a mortgage I will not be able to cover in 2 years. I can’t refinance because of my credit score and his name still being on the mortgage, and I can’t sell it because of the lien. I’m stuck in a situation of imminent failure. My ex-husband has made no moves to offer helping the situation even though he is the one responsible for them. What the heck can I do?

Asked on June 15, 2016 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Because of the length of time that has passed, you won't be able to re-negotiate the terms of the divorce to get help with the house.  Your only option may be to get the child support increased over the next couple of years to help with expenses if your ex- is now making more money. 
If your spouse is making less or the same... then you don't want to pursue that option.  You may have to look at a financial advisor to figure out ways to resolve your financial crisis when the child support ends.


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