What to do if my ex-wife is not paying our joint mortgage?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-wife is not paying our joint mortgage?

My ex was granted the house in our divorce and not required to refinance, I (stupidly) signed a quitclaim deed. She has not paid the last 2 months mortgage. Additionally, it looks like she has not cashed at least some of the support checks. What options if any do I have?

Asked on June 21, 2011 under Family Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to seek legal help to modify the divorce decree.  Your name should not be on the mortgage if you do not own the house.  The lender then has every right to come after you for the payments and to foreclose using your name and ruining your credit.  You need to decide if you wish her to refinance out of your name and hers and in to hers alone (which in this economy may not fly) and f she can not then an alternative like selling the l house.  It really depends on your state and what the law and courts will allow. As for the support checks, they go stale after 6 months but I am sure that you feel that if she cashed them then the mortgage would get paid, etc., etc.  Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption