QUESTION
Can I force the sale of the house after the divorce?
Asked on Nov 11th, 2013 on Divorce - Illinois
More details to this question:
In a uncontested divorce my husband was awarded the property and I am not held responsible for payments but my name is still on the mortgage. It has effected my credit rating. He is unable to refinance because of his health and age. I am afraid I will have to pay the mortgage if he dies or ends up in a nursing home. He has made all payments for 3 years without a problem. Can I make him sell the house to get my name off the mortgage? He lives in Indiana.
3 ANSWERS
Divorce and Family Law Attorney serving Hillside, IL
Partner at
The Law Office of Vincent C. Machroli, P.C.
1 Award
This matter needs to be motioned-up back into the domestic relations court where you were divorced, in order to attempt to obtain a Court Order permitting the house to be listed for sale.
Answered on Nov 19th, 2013 at 7:44 PM
Your judgment controls. If he was awarded the house, you no longer have an interest in that property. If he has not refinanced as provided in the judgment, you can ask that the property be sold. If he has made all the payments, it should not be effecting your credit rating at all.
Answered on Nov 12th, 2013 at 12:16 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
It all depends on the wording of your decree. Typically a settlement agreement or decree prepared by an attorney will have language to deal with this situation. If you did this without counsel, you may have a big problem, and would need an attorney to review it.
Answered on Nov 12th, 2013 at 12:16 PM