V
viasyl22
Guest
What is the name of your state? Arizona
My husband and his ex-wife were married for approx. three years (from 1996 to finalized divorce in 1999, although she left him in 1998).
They purchased a home in June 1998 with the first payment due in August. In September, they took out a second mortgage to consolidate debt. She left in October after using the second to pay off her doctor's bills and other joint credit cards they had.
When she filed for a divorce in June 1998, she listed no property and no debts. She told my husband that she wanted to get it over with and didn't want anything to do with the house, etc.
Of course, her name remains on the house. She was also still listed ont he second mortgage (which we paid off last year) and two other debts.
About two years ago, she contacted my husband to get her name off the mortgage. He had been late on payments several times (going from two incomes to one, not surprising) and she wanted to buy a house with her new fiance. At the time, my husband and I were not married and we looked into a second, but with our credit would not be able to refinance just then. She went away for some time.
Last week, we found out we can qualify for a home equity loan. We're expecting our first child in April, so this would be the ideal way to pay off debts she is still listed on.
Our loan counselor told us we cannot get the equity loan -- or in fact even refinance or sell the house -- until his ex signs a grant deed releasing her interests in the property.
We called her this weekend and now she's saying that she thinks she's entitled to her share of equity in the home. She's remarried now and says that they have broken pipes in their place. Basically, she needs money.
Is she legally entitled to equity? Our loan counselor said we'd be able to prove that it has been my husband and I making the mortgage payments since it has come from our joint checking account.
If she is entitled to equity, does that mean she is also legally obligated to the debt -- the mortgage from the past five years, the second mortgage she signed for, the other two loans? She's also still listed on my husband's truck (it's paid for, but worth only about $500) and he was listed on her car, which she sold wihtout him knowing.
Any advice would be greatly appreciated!
My husband and his ex-wife were married for approx. three years (from 1996 to finalized divorce in 1999, although she left him in 1998).
They purchased a home in June 1998 with the first payment due in August. In September, they took out a second mortgage to consolidate debt. She left in October after using the second to pay off her doctor's bills and other joint credit cards they had.
When she filed for a divorce in June 1998, she listed no property and no debts. She told my husband that she wanted to get it over with and didn't want anything to do with the house, etc.
Of course, her name remains on the house. She was also still listed ont he second mortgage (which we paid off last year) and two other debts.
About two years ago, she contacted my husband to get her name off the mortgage. He had been late on payments several times (going from two incomes to one, not surprising) and she wanted to buy a house with her new fiance. At the time, my husband and I were not married and we looked into a second, but with our credit would not be able to refinance just then. She went away for some time.
Last week, we found out we can qualify for a home equity loan. We're expecting our first child in April, so this would be the ideal way to pay off debts she is still listed on.
Our loan counselor told us we cannot get the equity loan -- or in fact even refinance or sell the house -- until his ex signs a grant deed releasing her interests in the property.
We called her this weekend and now she's saying that she thinks she's entitled to her share of equity in the home. She's remarried now and says that they have broken pipes in their place. Basically, she needs money.
Is she legally entitled to equity? Our loan counselor said we'd be able to prove that it has been my husband and I making the mortgage payments since it has come from our joint checking account.
If she is entitled to equity, does that mean she is also legally obligated to the debt -- the mortgage from the past five years, the second mortgage she signed for, the other two loans? She's also still listed on my husband's truck (it's paid for, but worth only about $500) and he was listed on her car, which she sold wihtout him knowing.
Any advice would be greatly appreciated!
Dying to know if there's hope for us....