Lee

[lee16]

My Daughter is in the process of getting a divorce, the two of them went to a legal advice center not a lawyer and signed the papers. They bought a house together which she paid 16,000 for the down payment, she lived there almost three months. She is now trying to buy a house however her name is still on the loan and he refuses to take it off. Their divorce is not final and is there a way for her to get some of her down payment back and how does she get her name off the loan. It states in the agreement that he is sole responsible for the house. She is only 25 and it was a bad marriage, all she wanted was out and wasnt sure of what she was doing. He is already living with someone in the house but he claims its for rent. Any advice would be greatly appreciated

 

[army judge]

She may not be able to recoup anything voluntarily. This may have to be decided by a judge. That said, even if a judge ordered her "soon to be ex" to pay, could he?

A judge could order the home to be sold and the proceeds divided. Unfortunately, in this economy, that is easier said than done. Additionally, as they have recently bought thus home, there is probably no equity to divide; assuming the home could be sold.

Only the lender can remove her name from a loan. Why would they do that? Better the lender should have two suckers on the hook, nit one!

Bottom line, she would be wise to speak to an attorney. That way she could discuss many aspects of this sad situation. Self help divorces are often unwise. Often they end up with one person goring the other! She needs an attorney, dad.