Exwife not making payment on home acquired in divorce

[Bjr004]

Jurisdiction

New York

Exwife was awarded the home in the divorce. She was granted permission from the courts to keep the home in my name for up to a year in which time she must refinance into her own name. she has not been making the mortgage payments on the home which has the taxes rolled in, my credit has gone from a 700 to below 300 because she has not made these payments. The home is now in foreclosure and I am worried that I will be held responsible for the debt and tax debt because the court allowed her to be able to keep the home in my name, although it also states in the order that she is fully responsible for the mortgage and upkeep. I don't know what to do to avoid being buried even more than I already have.

 

[ElleMD]

When she failed to make the first payment, you should have filed for contempt of the order. You still can but much of the damage is done. As long as your name is on the house, you are responsible legally. Your divorce agreement has no bearing on the mortgage company or municipality where you owe taxes.

 

[Lordmg2]

I'm in a similar situation, and I have to wonder if bankruptcy would help.

 

[army judge]

I don't know what to do to avoid being buried even more than I already have.

Sadly, you should have acted when she got behind in the mortgage (and other payments) by 60 days.
Some would argue one acts when the other party is behind 30 days.



There are only two things that MIGHT help, eventually.

You can hire a lawyer, have her hauled back into court to be sanctioned.

Alas, lectures from judges won't feed the mortgage pitbull.

A Chapter seven bankruptcy in YOUR name alone.

That will help the day the BK is filed with the federal bankruptcy court, and begin the slow process of remediating your credit score.

She will be left alone to twist in the foreclosure storm.

But, that isn't your problem, is it friend?

 

[army judge]

I'm in a similar situation, and I have to wonder if bankruptcy would help.

A Chapter Seven personal bankruptcy can always help immediately in all cases, and always over the ensuing two to three years and beyond.

 

[Lordmg2]

Sadly, you should have acted when she got behind in the mortgage (and other payments) by 60 days.
Some would argue one acts when the other party is behind 30 days.



There are only two things that MIGHT help, eventually.

You can hire a lawyer, have her hauled back into court to be sanctioned.

Alas, lectures from judges won't feed the mortgage pitbull.

A Chapter seven bankruptcy in YOUR name alone.

That will help the day the BK is filed with the federal bankruptcy court, and begin the slow process of remediating your credit score.

She will be left alone to twist in the foreclosure storm.

But, that isn't your problem, is it friend?

 

[Lordmg2]

I don't have a choice... it's time to file chapter 7.

Thanks