Legal Question in Family Law in Alabama
Divorce
If a house is financed in my name and we are no longer married what should I do? She (ex) is paying for the house but my future wife does not like this idea because once we get married she thinks this will mess up our chances with purchasing a home.
1 Answer from Attorneys
Re: Divorce
Your future wife is correct, it may take some work to get a bank to agree to let you carry two mortgages in your name, even if someone else is making the payments on one of them. However, if there is a substantial amount of equity built up in the house, then it is also possible it could help you instead, since that equity would be considered an asset.
Did your divorce decree include a requirement for your ex-wife to refinance the home in her name? If so, then you could take her back to court to get a judge to order her to change it over into her name. If the divorce decree was that she gets the house until a certain period of time passes (such as until the children are grown) and then the house gets sold and the money split between you, you may be stuck with the situation. It is difficult to tell you your options without seeing a copy of the divorce paperwork and without knowing whether circumstances exist which would merit a modification. You may have several options available to you, but it will be impossible for a lawyer to tell you what to do without reviewing the last court order and/or agreement.
I would suggest that you take a copy of your divorce to an experienced family law attorney, and have him or her go over the situation with you to find out which options are available to you. The wording of your divorce order is going to be extremely important in your situation. Rather than have someone guess at what your options may be, get a good lawyer to look at the details and tell you your specific options.
Good luck to you. If my firm can be of any assistance, please feel free to give us a call.