Legal Question in Real Estate Law in Alabama

Double jeperdy

My husband divorced his ex 12 years ago. In the divorce it states that he give all his rights to the home to her and she is to be responsible for the mortgage payments. My husband and I have been married for 7 yrs. now and we just found out the mortgage is still in his name due to his bad credit report after being turned down on a credit app. In the divorce it states he is not responsible, but according to the mortgage co. He is and therefore, she is allowed to destroy our lives legally. My question: can we take her to court and force her to refinance or forclose or are we doomed and ruined by her? I feel as though she has controll over my family and I am very angry. There is a very big flaw in the law as to where divorce papers say's one thing and creditors another. This is a double standerd crappy law!


Asked on 10/09/02, 4:51 pm

1 Answer from Attorneys
Marcel Carroll Marcel Carroll JD, PC

Re: Double jeperdy

This situation arises often. The mortgage company is not at fault. It made an agreement with husband and wife, anticipating that the two were each responsible. Now, after divorce, they don't care which is making payments. judge did all he could do,since the mortgage company was not in court. There are three possible actions to be considered. Send a letter to the collection agencies explaining the situation. This won't fix anything but will make credit a little easier to get in some cases. Husband can pay the mortage company and then bring ex to court and attempt to get an award from her. Not entirely practical for most people. Attempt to get wife to re-finance. This third course will eliminate husband from the debt.

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Answered on 10/10/02, 10:34 am


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