Friday, August 20, 2010

Mortgage and divorce i need your help!!!?

i have been with my husband for 10 years and married for 7 months we have our own home but we have recently split up!





how do i go about taking my name off the mortgage and how do i file for a divorce???





i have really tried to make him see sense but he doesn't want to know so please don't think ihaven'tt tried with him and start slatering me i need real smart positive answers please.





answers asap the stress of all this is getting on top!!Mortgage and divorce i need your help!!!?
you cant jsut take your name off the mortgage, its shared so you need to sell your half either he buys you out or the house gets sold if he cant afford to


and phone up citezens advice for the divorce issues and hte mortgage issue for more pratical helpMortgage and divorce i need your help!!!?
Okay, take this one thing at a time. You need to find an attorney that you can afford that deals with divorce. Attorneys really range in price. I wouldn't go with the cheapest, cause quite often, you get what you pay for. But, I wouldn't go with the most expensive either, because it's not necessary to pay that much for a divorce. If you and your husband can agree on the terms of the divorce, you can even find a divorce service in your area, and that is extremely simple and cheap. Only get an attorney if there is a dispute over something in the divorce. As soon as your divorce is filed, call the mortgage company and tell them about your situation, and they will assist you with taking your name off of the note. The key is not to get overwhelmed. Take it one thing at a time, and remember to breathe, lol. I'm sorry it didn't work out for you, but when one door closes, another will open. Stay strong. Good luck.
You need to make an appointment with an attorney and ask their advice. Getting your name off of a mortgage involves your husband applying for a new mortgage by himself. After he is approved, they will send you paperwork detailing that you are free and clear from the financial responsibility. It takes awhile sometimes. I should know...I recently divorced and had to get off a mortgage.





Find a good attorney to make sure you are getting everything you are entitled to. I'm not telling you to take your husband to the cleaners, but make sure you are getting what is rightfully yours. Good luck.
As you are both on the mortgage you are both liable for repayments, but if you decide to assign the property over you would then need to seek legal advice and depends whether you want to sell the property then you would split the proceeds and repay the mortgage. You need to get proper legal advice and depending which country you are in it will depend on the law for that country as to what portion the wife gets etc.
The only way to remove a name from a mortgage loan is to refinance. You cannot and should not remove your name until after the divorce has been final. Some states require you to split all assets 50/50, while other states leave it up to the court to split things. Removing your name before the judge has made his ruling on who gets what could cause problems for you and make it look badly.
You can't take your name off the mortgage. It belongs to both of you. If you divorce the judge will give the house to one of you and whomever gets the house will have to buy the other person out, usually by refinancing. You need to make darn sure that you know what you're doing from a financial point of view because these things can get nasty %26amp; expensive.





I would suggest you try to see if your marriage can work. 7 months is not a long time. My wife and I split up after 7 months and I was on her house and she wasn't on mine. We spent the next year and a half fighting in court and one day...one kind word after over a year of fighting causes us to begin reconciling.





I don't know what happened in your marriage; however you committed until death do you part. Regardless of how badly you or he screwed up...divorce is a terrible experience. Unless you both have great incomes and lots of money saved you can anitcipate messing up your credit, losing the house, and possibly needing to file bankruptcy. Ask yourself if that's worth it to get out of your marriage.

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