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Re: home loan and divorce

If you were awarded the house he should have had to sign a Quit Claim Deed giving you soul rights to the house. In which case he can not sell the house out from under you. There are several ways houses are dealt with in divorces. If your ex is supposed to receive any money from what is considered his share you may only have a certain amount of time to refinance or sell. (I have a friend who has until her youngest graduates high school to pay her ex his share). I was awarded the house in exchange for giving up any claim to my ex's Railroad retirement (he lost that job not long after our divorce and had only been there a few years so no retirement benefits for him ha,ha.) For years I thought that I couldn't get financing on my own due to my income. When me ex dropped child support (because he lost another job) and I reviewed my bills I realized that I had never redone my homeowners insurance after the divorce. When married we carried extra insurance because my ex had a lot of tools. Promptly did this. When I got a refund from the mortgage company because of this (taxes and insurance are part of my mortgage payments) it came in both of our names and I could not cash the check without his signature. He would not sign it unless he got half. No way was I going to give him half of the money when I was the one that had been making the mortgage payments for 4 years. Looked into seeing if I could refinance in my own name at that point. Found that I could through Quicken Loans. However unless your divorce papers state that you HAVE to get his name off the mortgage there is nothing he can do. You can default on the loan and screw up his credit along with ours if that is what you need to do. It's kind of sucks that mortgage companies won't remove a ex spouses name when a divorce happens even though they are still getting their payments.