Legal Question in Family Law in Oregon
mortgage and second
My ex wife in the divorce papers took sole responsibility for the house payment and the second. Unfortunatly my name was never took off either. Now I am remarried and wishing to buy a house. Unfortunatly she is constantly behind in the payments on the house and at least 4 to 6 months behind on the mortgage. This is destroying my credit score and making me unable to get a loan. Is there anything I can do about this. If I have no legal rights to the house then shouldn't there be a way to get my name off of these two things
1 Answer from Attorneys
Re: mortgage and second
Your obligation to pay the mortgage and your rights to the house are two separate things, and your duty to your creditor does not end with your marriage.
You can't avoid obligations to third parties by assigning them in a divorce decree.
But you can enforce the obligations against the other party.
Look at your decree. Is there a hold harmless clause? Is there a section where your ex agrees to assume the mortgage and the second? Did you two agree as to how and when the house would be refinanced? IS there a prom. note and a deed of trust? A quit claim deed transferring your interest?
You can go back to court to ask the court to enforce the decree. The Court has the authority to require the house be sold to satisfy creditors if the person awarded the house is destroying the other's credit.
Consult a local family law attorney for more information. Hope this helps.
Powell
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