- Jurisdiction
- Indiana
Hopefully I can get some solid answers regarding my issue.
Me and my ex husband divorced in August 2012. I left him with the house and I honestly never pressed the issue of taking my name off of the mortgage because my kids still lived there part time and he was/is making payments on time. He was not in a good spot credit wise to refinance without without a second income even though he was able to make payments just fine. That being said, the divorce was quick and we agreed on pretty much everything with no fighting. My mistake was not addressing the house or loan other than to say he got the house. I said that to say, there were no directives in our divorce decree regarding the mortgage loan.
Fast forward to beginning of 2018. He remarried. I thought now that he has two incomes, he should be able to refinance. He flat out refused unless I paid for it (he doesn't have the money according to him) and the new wife doesn't even want to be on the note. I didn't have the funds at the time so that was not an option for me. Beginning of 2019 he bought 2 brand new vehicles within months of each other, so I figured I would ask again. Same outcome.
Last month I contacted our mortgage loan company and inquired about my options that would leave him not having to refinance (since we are getting no where with that option). I can fill out and pay a fee for him to do a loan assumption. I just need him to sign off on this. I am willing to come up with the $800 it will take for this to happen but he is not responding to any texts/requests.
Out of all that, my question is....Because it was not initially addressed in our divorce decree am I able to go back the courts and make something happen? I do not want anything from him except for him to sign that he will take on the loan and keep doing what he has been doing all these years. I want to buy my own home within the next two years. This is a hindrance based solely on the debt to income ratio associated with having this mortgage on the loan.
Thanks in advance for any advice you can give me. I just feel like after all these years he still has control and that is frustrating in so many ways.
Me and my ex husband divorced in August 2012. I left him with the house and I honestly never pressed the issue of taking my name off of the mortgage because my kids still lived there part time and he was/is making payments on time. He was not in a good spot credit wise to refinance without without a second income even though he was able to make payments just fine. That being said, the divorce was quick and we agreed on pretty much everything with no fighting. My mistake was not addressing the house or loan other than to say he got the house. I said that to say, there were no directives in our divorce decree regarding the mortgage loan.
Fast forward to beginning of 2018. He remarried. I thought now that he has two incomes, he should be able to refinance. He flat out refused unless I paid for it (he doesn't have the money according to him) and the new wife doesn't even want to be on the note. I didn't have the funds at the time so that was not an option for me. Beginning of 2019 he bought 2 brand new vehicles within months of each other, so I figured I would ask again. Same outcome.
Last month I contacted our mortgage loan company and inquired about my options that would leave him not having to refinance (since we are getting no where with that option). I can fill out and pay a fee for him to do a loan assumption. I just need him to sign off on this. I am willing to come up with the $800 it will take for this to happen but he is not responding to any texts/requests.
Out of all that, my question is....Because it was not initially addressed in our divorce decree am I able to go back the courts and make something happen? I do not want anything from him except for him to sign that he will take on the loan and keep doing what he has been doing all these years. I want to buy my own home within the next two years. This is a hindrance based solely on the debt to income ratio associated with having this mortgage on the loan.
Thanks in advance for any advice you can give me. I just feel like after all these years he still has control and that is frustrating in so many ways.