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DIVORCE DECREE


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#1 melendezd

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Posted 26 November 2012 - 01:59 PM

I was recently divorced in the state of Arizona in July 2012. On the decree, its states that my wife is to get the home which we purchased together in 2007. I agreed to this as my wife had stated that after the divorce she would refinance into her name. Unfortunately, she dragged her feet a bit and this did not occur in a timely manner. We both own the loan to the home (as in both of our names are on the current loan) but only her name is on the property.

Several weeks ago, the mortgage company contacted me to inform me that the mortgage so late. Naturally, I contacted her to determine the nature of this. She then informed me that she quit her job abandoned the home and moved away. She is no longer making any payments on the home whatsoever, leaving me to pay the mortgage alone.

To complicate matters, I have no legal rights to enter the home because my name is not on the title. I ended up going into the abandoned home anyway, and found it to be or horrendous condition.

Basically, I have no idea which direction to head legally. I have begun taking time to fix whats broken in the home and paying out of pocket in the hopes of somehow renting it out (which is probably impossible since I do not own it). I have also begun paying the mortgage so as not to allow this to destroy my credit.

Please help.

#2 pg1067

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Posted 26 November 2012 - 04:18 PM

On the decree, its states that my wife is to get the home which we purchased together in 2007. I agreed to this as my wife had stated that after the divorce she would refinance into her name.


First of all, what exactly does the divorce decree say about your ex-wife "get[ting] the home"? Second, does the divorce decree expressly require your ex to refinance and, if so, is the refinancing a condition to your transfer of your interest to her?


We both own the loan to the home (as in both of our names are on the current loan) but only her name is on the property.


You don't "own the loan," but the terminology doesn't matter. And I guess this answers the second part of my second question above. While it does not good to say so now, I assume you understand it was very foolish to sign over your interest in the property while still being on the hook for the mortgage.


To complicate matters, I have no legal rights to enter the home because my name is not on the title.


Your ex could consent to you entering the premises. Have you considered asking her to sign over her interest to you?


Basically, I have no idea which direction to head legally. I have begun taking time to fix whats broken in the home and paying out of pocket in the hopes of somehow renting it out (which is probably impossible since I do not own it). I have also begun paying the mortgage so as not to allow this to destroy my credit.


You have a few options, but they depend on the specifics of your divorce decree. Without knowing what it says, and unless your ex is willing to sign over the property to you, your options are to pay the mortgage or to let the property get foreclosed. The lender's ability to recover the balance of the loan is probably limited to what it can recover through foreclosure, but your credit obviously will take a hit.

#3 FindLaw_Amir

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Posted 28 November 2012 - 11:21 AM

This issue is difficult to address without having read the divorce decree. You may wish to discuss this matter with a local Family Law Lawyer for clarification.
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