Q: divorced with no separation agreement need to get my name off the mortgage is there any way to do that
my name is on the mortgage and the deed of trust but not on the deed itself. there is only $18K owed on the house but he is living there and making the payments each month but he does not work and the payments got behind about 3 years ago when we divorced so they are continuing reporting behind on my credit and I'm in the process of trying to buy a home for me and my daughter but I'm running into road blocks because of this other mortgage. He has been very difficult through this entire process. I have spent $50,000 in lawyer fees and I have nothing to show for it other than the actual divorce. My lawyer withdrew from my case because I couldn't afford to pay him any longer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- North Carolina
- (910) 333-9679
- View Profile
- Answered
A:
It sounds very much like you did your own divorce - if so, the situation you are in now is a prime reason why that is an incredibly bad idea. If property issues were not addressed at the time of the divorce, you can not now address that under normal equitable distribution. You likely should talk to a local real property attorney to see what can be done.
Worst case scenario, you are on the hook financially for property you potentially do not own. So there is likely very little incentive for your ex to work with you in any way. I wish I had better news. Maybe a local attorney can review your situation in more detail and offer better options. Best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
