Dunkirk, IN asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana

Q: Divorced 5 years ago. Husband awarded house in decree with no time limit to refinance. Still in both our names.

Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and excluded my name for it. Is this legal? What should I do?

PS. In the last 4 months he has been late with payment 3 times! This is going to affect my credit :/

2 Lawyer Answers

Betsy Walits

Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: You would file contempt charges against him if your order states he needs to take the house out of your name. Sounds like he has bad credit now so you’d have to ask the Judge to order the sale of the house.

1 user found this answer helpful

William J Webster

Answered
  • Westfield, IN
  • Licensed in Indiana

A: If your name is on the mortgage, then yes his late payments will affect your credit. Since your name is on the house, he cannot legally transfer ownership without your consent.

I assume in your Divorce Decree he was awarded the house and agreed to maintain the payments. I recommend you file a contempt action with the Court. In your request state he has failed to timely make payments as Ordered and ask the Court to immediately list the house for sale.

Spring / Summer is typically a better time to sell a house, so I would file the contempt as soon as possible as it may be a month or so before you get a hearing and then even more time before you get an Order back from the Court.

If you have any additional questions or need assistance with the above, please feel free to contact me at 317-565-1818.

-Will

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