Legal Question in Real Estate Law in Indiana

Home Ownership

Ex husband and I owned a house. Divorce decree states HE is to sell the house. He doesn't, and then refinances it. Am I still liable? I want to be removed from the deed but am not sure if I'm still on there! How can I find out?


Asked on 12/28/03, 6:40 pm

3 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Home Ownership

If you conveyed your interest in the house to your husband, and he then refinanced the house, then you should no longer be liable on the old home mortgage; it should have been paid off. However, I recommend that you verify all this happened as it should have. So, ask for a copy of the closing statement and title documents from the refinancing. You can, for money, have a title company perform a condition of title report on the property if you don't get any cooperation from the ex. And you might try contacting the old mortgage company and request an account balance. Or have a credit report run on yourself to see if the old mortgage still appears as an active account.

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Answered on 12/28/03, 6:52 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Home Ownership

Have you checked with the attorney who represented you in your divorce proceeding? If not, do so.

As a result of the expected sale, were you to receive a portion of the proceeds?

Without knowing more, if you were on the original mortgage, then you are still responsible to the bank.

It seems you need the advice of an attorney in your locale

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Answered on 1/02/04, 2:31 pm
Darren Inverso Norton, Hammersley, Lopez & Skokos, P.A.

Re: Home Ownership

Yes you are still liable as far as the bank is concerned. If one owner refuses to sell and two or more people hold title to property as tenants in common one party can file a partition suit and force a sale.

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Answered on 12/29/03, 7:01 am


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