Legal Question in Real Estate Law in Illinois
home ownership
if my x husband has not paid any money toward the mortage in a year can i do anything to remove him from the mortage--name removed--He is still around just not paying me anything
2 Answers from Attorneys
Re: home ownership
You would have to buy him out. I would not want him removed from the mortgage, though. As long as he is on the mortgage he has some responsibility for paying it.
If there were to be a foreclosure, he would be (half) liable to pay any money left on the mortgage after the house was sold. You want him off the -title- instead, the two are not the same.
I'm afraid that the only way to make these adjustments is to go back to court. If the court has ordered him to make the payments, then you could start contempt proceedings.
Re: home ownership
Why take him off the mortgage? Might as well keep him on the hook until such time you can pay off the mortgage. Then you would want to make sure he signs the title over to you so that he has no interest in the house.