My wife (since 2008) and her ex-husband bought a house together in 2002 (when they were still married). Both of their names are on the mortgage and title. They divorced in 2007 and she signed a Quit Claim deed for the house with the understanding that he would refinance the mortgage in his name only. This was spelled out in the divorce decree and she was supposed to be held harmless in the event that he failed to make payments on the house. He tells my wife that he was unable to refinance because of his credit and that she is still on the mortgage. In October of 2009 her ex stopped making payments on the house and we have been summoned that the house is to be foreclosed. In the summons it states "Plaintiff says that the defendant, Joe Doe, name unknown, spouse of (name), may claim an interest in the subject property as the current spouse of the defendant-titleholder, (name). Plaintiff says that it cannot currently discover the real name of said defendant. (Said defendant is ME).
Can someone explain what this legal wording means and what if any recourse we may have. We don't live in the house. We have our own house that was purchased by me before we were married. He name is not on the title or mortgage. Are my assets and credit safe from this suit? Her name is not on any of my bank accounts.
If she files contempt of court against her ex for failing to refinance the mortgage to get her name off of it, then what good will that do us, if any? It sounds like he is possibly broke and out of work. He has also been making only a small percentage of his required child support payments.
Is my wife's credit going to be ruined? We have an appointment with an attorney next Monday but would appreciate any info we can get now. Thanks!
Can someone explain what this legal wording means and what if any recourse we may have. We don't live in the house. We have our own house that was purchased by me before we were married. He name is not on the title or mortgage. Are my assets and credit safe from this suit? Her name is not on any of my bank accounts.
If she files contempt of court against her ex for failing to refinance the mortgage to get her name off of it, then what good will that do us, if any? It sounds like he is possibly broke and out of work. He has also been making only a small percentage of his required child support payments.
Is my wife's credit going to be ruined? We have an appointment with an attorney next Monday but would appreciate any info we can get now. Thanks!