Old 10-24-2014, 03:49 AM
  # 15 (permalink)  
redatlanta
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Join Date: Sep 2012
Location: atlanta, ga
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I agree with shootingstar1 tis best to untangle it all. If he has an attorney with a lick of sense he will be advised to get his name off the mortgage anyway.

As long as his name is on it you are open to having to deal with his BS - for instance if he decides to buy another house or applies for a loan for whatever reason his credit report is going to show an obligation that might preclude him from being able to get a loan in the amount he wants. Then you have to deal with re-negociation or raging phone calls and the like.

If at anytime he files Bankruptcy and your names are locked together on a mortgage you are going to have some problems. Contracts supersede divorce decrees. It may be a very unlikely scenario for you to imagine but it happens all…the…time. When I worked in Bankruptcy and Foreclosure I had to deal with tearful hysterical ex-spouses that were being dragged into their former spouses financial BS inclusive of the bankruptcy Trustee looking at the equity in a house that the Bankruptor was no longer living in, maybe for 10 years plus, but was still on the mortgage.

The only way I would do it if I were you would be if he would quit-claim his interest in the house back to you.
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