Legal Question in Family Law in Arizona

Property Issue

My ex-husband and I were divorced a year and a half ago. I was awarded the home in the divorce. I have since remarried and my new husband and I have maintained the payments as best we can. We have been late on the mortgage payment a few times which has caused our credit as well as my ex-husband's credit to suffer. The biggest problem is that my ex-husband is still on the loan and title because we have not been able to sell or re-finance because of our poor credit. The sad thing is that we don't even live in this beautiful home anymore. We had to relocate back to Phoenix to improve our career situations. We now have a family renting our home for far less than what the mortgage is but it does help a bit, plus we have a rent payment of our own until we are able to sell the other home. I feel awful that we have hurt my ex husband's near perfect credit - it is not intentional and I feel so bad for him. He is threatening to take legal action in which he states that I can be forced to sell the home immediately to get him off of this loan and not cause him any further damage. Is this possible? Can he force me to put the home on the market when I was awarded the property in the divorce settlement?


Asked on 6/03/08, 5:03 pm

1 Answer from Attorneys
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Property Issue

The answer to your will depend largely on your divorce decree. There are many people suffering the same economic losses as you are now. I would advise you to contact your lender to see if it has any programs that would fit your hardship. You should also consider consolidating your debt, i.e. if you have to cover the balance between the rent and mortgage, would it make more sense to move back into the home and hopefully reduce the monthly mortgage amount?

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Answered on 6/04/08, 2:54 pm


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