Question about property

iVillage Member
Registered: 10-30-2004
Question about property
12
Tue, 07-19-2005 - 3:39pm

When we got our divorce we agreed that I would take over ownership and responsibility of the house and he would take over ownership and responsibility of a piece of property that we jointly owned. The judge gave us 90 days after the divorce hearing to refinance the pieces of property and change over the deeds to our respective names.

Well! He hounded me about me refinancing and telling me how many weeks I had to get it done. I had it done well before the deadline. The deadline is this week and he hasn't refinanced the land or changed over the deed.

I'm trying to figure out what my rights are if he is choosing to drag his feet on this. He is self employed and tried to make it look like he didn't make any money on the income taxe returns so he could get child support (it backfired, the judge wouldn't buy it). Anywhooo I'm thinking he can't get financing because his only proof of income is the tax returns and last year's shows that he didn't make anything.

How can I get my name off the deed and the loan? I don't think it's right that I should have to pay a lawyer since he didn't have to when I got his name off of my deed.

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iVillage Member
Registered: 03-19-2003
Fri, 07-22-2005 - 11:27am

Hummm.... since he didn't do his part (and has basically gotten himself into this situation.... I'm sure you are right about not being able to get financing with his falsified income--my EX does that crap; he's self employed, too), my suggestion would be to put the property up FOR SALE


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-19-2005
Fri, 07-22-2005 - 11:49am

My ex has gotten himself into the same situation as well....using 'business expenses' to lower his income over $33,000 a year. Now he has to try to come up with more than $120,000 to pay me my share of our assets. Not likely the bank will refinance the house and land now that he's doctored his tax returns. He's now trying to make me feel sorry for him...not.

If you have a court order stating the date when the deed is supposed to be transferred, can you not try to take that into the financial insitution to get your name taken off?

iVillage Member
Registered: 03-19-2003
Fri, 07-22-2005 - 12:30pm
The financial institution will not just take a name off a loan/deed just because you "changed your mind".

Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-19-2005
Fri, 07-22-2005 - 2:13pm
I understand that you can not simply 'change your mind' and go in and take your name off of a loan or mortgage...but my understanding is that there is a court order stating that the deeds/names must be changed by a certain date.
If one party refuses, thus ignoring the court order...I believe there are legal options for removing your name without his signature.
iVillage Member
Registered: 02-19-2004
Fri, 07-22-2005 - 2:17pm
Your legal option would be taking him to court for contempt, taking further legal action against him for not complying. The mortgage company will not abide by your divorce order and they don't have to, they only have to refiance if he fills out an application and gets approved (with them or another lender). As far as the title, that part I am not sure, I think if your name is on the mortgage then it has to be on the title, but once he refinances you probably could use your divorce order and the fact he's refinanced to get the county to take your name off the title.

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iVillage Member
Registered: 03-19-2003
Fri, 07-22-2005 - 3:54pm

It's not a matter of having his signature.... it's a matter that he can't refinance on his own because he doesn't have the financial backing (accurate tax returns stating his true income--he's been claiming less income to avoid paying income tax, and now that game is biting him in the other direction--he can't prove his income to keep his home).


Karen ~ wildlucky4me ~

iVillage Member
Registered: 10-30-2004
Sat, 07-23-2005 - 11:34am

Wow, a lot to think about. It makes me mad because originally I wanted the land and let him have the house, but he wouldn't do that! He kept emailing me bugging me about refinancing the house ASAP and how he could have his land refinanced within two weeks and that I should too. His attitude about how I'm supposed to follow the rules to the letter and he doesn't have to makes me so angry!

I've got Tuesday and Wednesday off and I'm heading to the courthouse to discuss it with the clerk. It's probably petty to be causing trouble, but fair is fair. He didn't want me to have the land so he needs to get my name off it.

iVillage Member
Registered: 02-19-2004
Sat, 07-23-2005 - 2:17pm
It's not petty, if it's not yours your name should not be on the title and the mortgage. He has to comply with the order too, and if he won't then forcing him to is not petty. Not doing it could cause all kinds of financially devastating problems if you.

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iVillage Member
Registered: 03-19-2003
Sat, 07-23-2005 - 9:39pm
He probably did think he had his deal wrapped up in 2 weeks.... when he still thought he was "above the law" and could cheat the IRS.

Karen ~ wildlucky4me ~

iVillage Member
Registered: 10-30-2004
Sat, 07-23-2005 - 9:57pm
Well I don't think he was trying to cheat the IRS as much as he was trying to get out of paying child support. He did pay his taxes quartly, but I think that they were able to hide his income to make it look like he didn't make anything at all. It's easy to say that money after taxes went towards business expenses.

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