• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

ex-wife bailing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

xwifemess

Junior Member
What is the name of your state? Utah
My ex-wife is planning on leaving a house that we bought when we were married. It has been for sale for 2-3 years but no one is interested. My divorce decree states that she is "...to assume and pay the mortgage payments and all other expenses associated with the home and real property;"

However, the home loan is still in my name only since she could not qualify to finance it on her own. She has been paying me for the house (essentially renting) since then. My question is whether the bank has to go after her for the money or will they not care about what the divorce decree says and come after me?

I don't want the house and really can't afford it on my own. If the home will fall back on me regardless, what options do I have? I've heard of a "voluntary foreclosure", is this really an option or is there a better way to go about it?

Any help would be appreciated.
 


S

seniorjudge

Guest
xwifemess said:
....(1) It has been for sale for 2-3 years but no one is interested....(2) My question is whether the bank has to go after her for the money or will they not care about what the divorce decree says and come after me?

(1) Lower the price

(2) The lender will go after the person(s) who signed the promissory note. The lender was not a party so is not bound by the judgment in that lawsuit.


If your ex has any money, then you could ask your lawyer to take your ex back to court to make her comply with the judgment.

Whose name is the land in now?
 

xwifemess

Junior Member
There is actually seperate loans for the land and house (manufactured home).
Home is in my name alone and the land is still under both names.

I'm going to see if I can do a short sale with the loan holder.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top