What to do if my ex-wife is not paying our joint mortgage?
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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 12 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.
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