Legal Question in Real Estate Law in Indiana

Hello. My ex-husband and I got a divorce a few years back. Both of us are on the mortgage for the house. The divorce decree states that, "XXXXX XXXXXX is soley responsible for the property at XXX XXXX ... but says nothing else about the house. It was agreed upon that he would refinance to get name off but that was not in writing. (ALL dumb I know) So I took the children and moved into an apartment. 4 months went by and he never paid one house payment. To save my credit I moved back in and he moved out. I had to do a modification to keep it from being foreclosed on. I have lived there and made the payments ever since. Because of the housing market we are at least upside down by about $10,000. I sincerely never wanted that house and quite frankly I hate that I am stuck with it. I need to know my options. My first option would be for my name to be off and for him to have to deal with the house from there. Also, I am remarried now. Please help me figure out how to move on with my life :(


Asked on 1/03/13, 10:36 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

You can't do anything that will work without the permission and consent of the mortgage holder. So, you have to start with them. Your situation needs the intervention of a skilled debt attorney, so you had best consult with one.

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Answered on 1/03/13, 5:06 pm


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