Hello,

Although I often browse through this site, I rarely post but have a financial question post divorce that perhaps someone can answer for me.

The reasons for the divorce where many although I tried to work things out for my 2 girls. The court awarded everything to my ex including the house almost 2 years ago. My ex's income would not allow her to refinance the house and I was told by my lawyer since she was awarded primary custody of the girls, it would not require her to refinance or sell the house if it were to put the kids into a financial hardship or uproot thier standard of living (although it could care less about my standard of living). So I have not persued any action to have my name removed from the mortgage although I have signed a quit claim deed to the house which my name is off the title. The ex has not been late on any payments and kept the mortgage in good standing. Recently her boyfriend totalled her car and she is looking into getting a new car (why her boyfriend was driving her 87 celica when he owns a 04 mercedes, a 05 BMW and a 00 suburban is beyond me, but that is a whole nother story). So, she is looking into buying a new Jaguar...how nice for her, but what about getting my name off the mortgage? Is there any legal action to take? Does anyone know or ever been put into this situation? If she has enough money to afford the payments on the car then shouldnt her first responsbility be towards the house?

dazed & confused.......

You need to speak to a lawyer. Whyever did you sign a quit claim deed on that house without requiring a refinance - either at the time or later when a financial review but the court would determine that she was capable of taking of qualifying for a mortgage? You are fully responisble for that mortgage and should she default, your credit will be just as ruined. Inasmuch as you have a financial interest in the house, you may be able to have her refinance. Depending on the amount of equity she has, she may be able to refinance and take a cash-out to pay for the auto. From a tax perspective, this would be very advantageous to her. If she has a BF who is affluent enough to own all though fancy cars, he should be financially savvy enough to have pointed this out to her.

Since she was 70k in debt at the time of the divorce (without my knowledge, all on her credit cards) and we live in a state that is community property, it was a wash for me to walk away from my half of the house. I have spoken to the mortgage company and they say that as long as she is not delinquent on her bills, there is nothing they can do to force her to refinance or sell the house. There is nothing the court will do either because the kids live there. She has told me in the past that she would not qualify to refinance due to her income....have things changed and now she could afford to but will not do it because her monthly payment would go up? I could go on and on about the injustice of our court system and how it is swayed towards the female or maybe I just hear more of it because I have lived it (the affair - hers of course, the money, the kids, the rape charge to have me removed from my house...yada...yada...yada...) and now this. So, while I may have to move away from my kids just to be able to meet my own bills, she lives the high life which actually would be fine if I felt I am not financially responsible for the house with no judicial recourse. Yes, I am sure her bf (not the same one she had the affair with, just another millionaire) has informed her of what can be done but for some reason she has it out to totally destroy me (another reason for me to move away).

Sorry, am I just rambling here?....