The house should have been put on the market long ago. She either needs to buy him out of his interest in the house, i.e., refinance. Or sell it to a third party. He should not give him up share of the equity. As long as his name is on the house, he is liable for damages or injuries to other people in that house. If it gets foreclosed that will effect his credit negatively whether or not he lives there. Make sure you handle it the proper way and get his name off the house one way or the other.

Id force a sell of the house. Credit is everything today, and without it its rough. If she doesnt want to sell it, then she assumes the full note, without your DH's name being on it. Id speak with that lawyer again, and get him to make her abide by the divorce decree, whether by certified letter, or by taking her back to court. Does he realize by still having his name on that mortgage that if she is late making payments that it still effects his credit too? There is no way Id allow this. I still say he should force a sell!!

Hubby had to force his x to sell. She refused to accept any 50/50 deal..she wanted him to pay for everything outright and for her to keep the house. (She's a nut!)

The bank manager told him that his mortgage is the only thing (credit) you can default on and it not affect your overall credit rating. (I don't know if that's the case everywhere)

Of course she couldn't afford the mortgage on her own..(neither could he)..and was almost 3 months in arrears..before she finally agreed to sell it.

These women are retarded!!

Who is on the title? Both names or just hers? If both names are on the title then both are responsible for making that paymennt on time. If both can't handle and she can't handle on her own, I would say to sell it and have her move into a smaller place or rent a place. I'm sure your husband can draw up somekind of agreement for her to sign to release his ownership of the house, if she won't then I believe you can take her to court and have the judge handle it.

-happy mom

I agree with happy mom. Just like you can't force someone to stay married to you, you can't force someone to continue to pay for a house that they don't want. The house should have been sold a long time ago. If he doesn't want to keep paying for the house, and she can't afford it on her own, he needs to work with his and her lawyer to transfer the mortgage out of his name and be compensated his equity in the house so that she can sell it, or sell it in both of their names and split the profit down the middle since they're both paying half. And for goodness sake don't let him mess up his own credit by not paying his share of the mortgage payment. It would behoove him to continue to pay his half of the payment until he can work it out through the legal system to where it's not under his name any more. Just make sure that he doesn't give up totally on the house and agree to be rid of it without receiving his share of the equity - he deserves that for having payed half of the mortgage for the past several years!

*~So sayeth Nymh~*

Hubby built his house just 4 yrs earlier..with his own hands..invested his time..his sweat..his own money..she never thought in a million years that he would let the bank take it...it was a beautiful home...his dream home..his retirement home..etc.

She was hoping those factors would keep him paying her mortgage for years to come..I'm sure.

Sounds like something similar is going on in bubblesmagee2000's situation...X wants to maintain the status quo..with the man paying for her nice home and she giving up nothing in return. Enjoying the easy-life on his back!!!!

Good luck tomorrow.. I will keep you in my thoughts..
I hope that she gets out of your life..in that way at least..