4 responses to “Would the judge allow the woman and kids stay in the home if the loan is in the ex husband name?”

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  lovepink865 January 1st, 2011 at 01:24

  Tony

  Probably not if your divorced and he got the house in the divorce decree but check with a lawyer to be sure.

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  phinnie January 2nd, 2011 at 09:36

  Henry

  if that was your legal residence and you were married then absolutely! you are just as much entitled to that residence as he is, you were partners right? i learned this from a domestic violence case where i was constantly threatened to loose my home, because he was the person on lease. the judge here in cali informed me that as partners we were both legal residents of that address and in the end my fiance got removed from the home until i could make arrangements for myself and our three kids.

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  Trixilicious January 4th, 2011 at 00:41

  Rick

  a judge can decide whatever he see’s fit. yes, it is possible to stay in the house with the loan in the ex-spouses name.

  the judge may set a time limit, like the house to be ordered sold in 3 to 5 years or whatever..

  who is going to make or not make the payments?

  it is possible that the ex could put up the argument that you are holding his credit hostage.. preventing him from buying another home.. etc..

  more than likely though, with a child support order in place, he would not qualify for another loan right now anyways.

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  tophdguy January 6th, 2011 at 20:55

  Diane

  The judge might allow you and your kids to stay there but he cannot supersede the mortgage contract. If your husbands name is the only name on the mortgage loan contract, then he can stop paying the mortgage and they would put the house into foreclosure.

  He can sell the home. This is the simplest way to get his name off the mortgage. When the house sells, the mortgage will be paid off and both you and your spouse will lose any legal liability that you have to make the payments.

  You can ask your spouse to call the mortgage company and ask them to let you assume the loan if he cannot sell the home. Some mortgage companies will allow one spouse to take over the mortgage loan in a divorce. Not all mortgage lenders will permit this. You will however need to be able to demonstrate to the mortgage company that you have sufficient income to afford the current mortgage payments.

  He can request through the courts that you refinance the home into your name. This will remove him from the mortgage loan. If you have a poor credit score, however, you are unlikely to be able to refinance at the same interest rate. This will result in higher mortgage payments

  Your husband can talk to his attorney if you refuse to refinance. He can have his attorney present a motion to the judge requesting that you be forced to either sell or refinance the home before the judge finalizes the divorce. If you fail to do this, you can be held in contempt of court and even face jail time.

  Hope this helps, good luck