My soon to be ex and I are on deed of home-(divorce hearing date 2/14/18). I am asking for ownership of home in divorce. Ex left home in 2015 and has not made any contribution to home since. The past due mortgage is in name of estate of my ex’s dead stepfather. How can I get the mortgage in my name? Do I have options or should I walk away?
1 Answer from Attorneys
Be sure to have this resolved as part of your divorce case. The divorce judgment should include an order requiring your soon to be ex to deed her or his interest in the house to you . The estate of your ex’s deceased stepfather also has to be resolved and that, too, should be addressed in the divorce case order. His name was probably also on the mortgage so all of that should be taken care of in one step.
Under federal law, you are permitted to take over the mortgage in your name. The mortgage lender knows this and should respect your right. If you have a lawyer in the divorce matter, ask that lawyer to address this issue with the mortgage company. If not you may have to consult a real estate lawyer to assist you with that.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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