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refusing to pay mortgage out of spite

Anonymous
Posted by Anonymous
  • 12 Replies
One of my good friends got divorced about two years ago, both parties have moved on and started families with other people, but the ex husband (dh's good friend) is being an ass and refusing to pay the mortgage until my friend signs the deed over to him entirely. She would, she doesn't want the house or any part of it but can't sign the deed over because her name is still on the mortgage too. So all he is doing is destroying both of their credit and being a complete ass. The divorce came because he found himself with a new baby mama while deployed. Came home with a knocked up gf. Told my friend she should have destroyed his career but she's a good person and couldn't bring herself to be vengeful. I know he can afford to pay the mortgage no problem because he is on his third or fourth tropical vacation in six months.
Posted by Anonymous on Jan. 14, 2015 at 8:41 AM
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Replies (1-10):
quickbooksworm
by Ruby Member on Jan. 14, 2015 at 8:47 AM
Why wasn't refinancing the house in the divorce?
MrsDavidB25
by Stacey on Jan. 14, 2015 at 8:48 AM
This should have been settled in court.
Anonymous
by Anonymous 2 on Jan. 14, 2015 at 8:48 AM
She should call his command and let them know he isn't paying his bills ; )
Brenna
by Gold Member on Jan. 14, 2015 at 8:49 AM

This is why you put everything in writing for divorce.

tossed
by Ruby Member on Jan. 14, 2015 at 8:50 AM

This should have been included in the divorce settlement. If it was not, she needs to get an attorney asap and get this corrected. 

Anonymous
by Anonymous 3 on Jan. 14, 2015 at 8:50 AM
Normally either signing the house over or selling it is a standard part of a divorce agreement.
Anonymous
by Anonymous 4 on Jan. 14, 2015 at 8:51 AM
How is there a mortgage and a deed?
kender1
by on Jan. 14, 2015 at 9:09 AM


Quoting Anonymous 4: How is there a mortgage and a deed?

I'm pretty sure that there's a difference between a mortgage and a deed to a house.  When we took out a mortgage on this house, it had to be in my husband's name only since I didn't work.  The loan itself was in HIS name.  But when we signed all the paperwork and moved in, we were issued a Deed to the house.  The Deed had both our names on it. The house belongs to both of us.  The lawyer who handled the sell of our house said that it's to protect me.  If anything were to happen to my husband, no one could come in and try to take the house away from me.  It's legally mine.

In some cases when the house is only in one person's name and there is a fight over the property by other family members, the property is divided up.  The surviving spouse may only get what's called a child's portion of the house if a sell is forced.  With a deed in place with both names, no other family members can come in and demand the house be sold.

zoegirlsmom
by Ruby Member on Jan. 14, 2015 at 9:11 AM

They should have settled this during the divorce.

j3st3r
by on Jan. 14, 2015 at 9:13 AM

 Did the divorce decree give him X number of months to refinance?

That's what mine said.

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