My ex and I purchased the home in 2006. We split in 2009. I applied for a Mtg Mod in order to try and stay in the home due to the children. During this process since the original loan was in both names, he had to sign off on the Mod as well. I informed him the ramifications at that time, early 2010, and he agreed and signed. Later that year, under his urging we filed Chapter 13 (he didn't qualify for 13 on his own because he made too much - thus he needed my debt.)During this process the Mortgage was included in the Bankruptcy and I was unaware of that since I had thought I was keeping my car and the mortgage out of the bankruptcy and signing affidavits of responsibility for both. It was not until later did I find out the Mortgage was technically dismissed under Chapter 13. At that time, I called the Mortgage company and was advised that as long as I continued to make the monthly payment according to the schedule, they would not foreclose. However, my Ex was stating he wanted his name off the Bankrupt Mortgage. They could not do that but told me because of the bankruptcy, he is not accountable for the mortgage and his name being on it does not hurt him anymore that all of the other charge-offs that had gone through the bankruptcy. He said " its a win-win" The only down side is that my current payments would not be reported to the Credit Bureaus. Fast forward to the divorce, he claimed that he was having troubles with his name being tied to the house (Title/Deed/Utilities)none of which could be changed until the divorce was finalized. However, he still was insisting i get his name off the Bankrupt mortgage. I requested to be able to remain in the home until my son graduated HS (7 years at the time) the arbitrator said would split the difference and give me 3.5 to have his name removed via Refi/Assumption/Sell. (Mind you the ex wants no money from the house and wants zero to do with it from the day he left). On 9/30/16 I need to have one of these options completed. However I don't think I should have to. The Deed/Title/Utilities are now all in my name only. The mortgage went through the bankruptcy so there is Zero Liability on his part and zero that connects him to this house at this point in time. He is stubborn (oh yes, his son lives here btw)and he is going forward to file contempt charges if I do not comply to what I agreed to in the final divorce settlement. I do not have the income to Refi/Assume the whole loan amount (remember I am on the Modification still)and I do not want to be forced to sell and feel I should be able to stay until my son graduates as originally requested. Me staying has Zero affect on his financial or credit at all. So what do I do? My attorney that handled my divorce stated, she fears I would lose the contempt on this issue and I cannot see how any judge could look at all the facts and make me sell. Also if they force a short sale, I read somewhere that WILL hurt both of our credit since his name is still on that defunct mortgage, so its not in his best interest to force a short sale (from what i have read) Please any info/advice/direction, anything that I might be able to do so I dont have to move in 30 days !!!
Stacy: Sorry this happening to you. I have been divorced 8 years and got the house due to a back injury and lack of money to move/pay rent at the time. Our daughter was an 18 year old college student at the time living at home with me. My Lawyer said it is rare for the house not to be sold in a divorce situation and that it is lucky I got the house. Also, if you are awarded the house you would have to ask yourself whether or not you can afford to maintain it - to do the things the Landlord would normally do.