Ex-Wife’s Late Mortgage Payments Are Ruining My Credit Score

divorce lawyer Daniel LambertQuestion:

I need financial advice on divorce. My ex-wife was awarded the marital home in our divorce decree.

I recently became aware that my credit score has dropped considerably since then because she has been repeatedly late on the mortgage.

Is there anything I can legally do to get my name off the marital home mortgage other than for her to refinance, which is next to impossible?

Answer:

While I am not licensed to practice law in your jurisdiction, I can provide you with general divorce help for men. I encourage you to speak with a mens divorce attorney in your area for specific legal advice on divorce because each state has its own divorce laws.

You are correct that you will remain on the mortgage until it is satisfied or refinanced. The court does not have the power to take you off the contract.

Your current options will be determined by the terms of your final divorce decree. Presumably the mortgage will follow the assignment of the marital home in the divorce.

If your ex-wife was assigned the home, she should also be responsible for the payment of the mortgage. If the decree states that she is responsible for the mortgage, then your recourse is to bring a contempt action against her and have the judge order payment.

If she cannot afford to make the payments, then you should request that the judge order the sale of the marital home. In the interim, you should provide a letter to the credit bureaus explaining the circumstances and providing a copy of your final divorce decree.

Divorce Tips For Men:

What To Do With The House

In the event that the final decree does not expressly address the payment of the mortgage, you can request the court address the issue through a new hearing. How and what you can request in the hearing will depend on the particular facts of your case.

I highly recommend you consult with a qualified divorce lawyer for men who can give you specific advice on divorce and actions you should take in your case.

To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel L. Lambert, please contact Cordell & Cordell Law Firm.

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One comment on “Ex-Wife’s Late Mortgage Payments Are Ruining My Credit Score

    My ex-wife was awarded the marital property and our divorce papers state she is solely responsible for the mortgage. She has paid on time for 8 years until last year when she signed her 401K over to her boyfriend’s shop (first telling me she didn’t HAVE a 40k1K), had to sell the marital property because our child turned 18 and decided to declare bankruptcy after going into contract on the sale of the home. She entered into contract in March, stopped paying the mortgage in April and filed bankruptcy May. The house sold June 30. She didn’t pay April, May or June’s mortgages. I only found out by accident that she filed bankruptcy and wasn’t paying AFTER April’s went 30 days late. I paid April and May (got a hit for April on my credit score) and when I tried to get her to pay June’s soit wouldn’t affect my credit, her reply in writing, after first promising to pay was “I’m not paying. It will only ding your credit.”

    I was also trying to buy a home at this point and my son wanted to live with me, and my ex works for the mortgage department of a bank – so I’m sure she knew exactly what she was doing and that it wouldn’t be just “a ding”. Since she admitted she knew she was ruining my credit….what can I do?

    I now have TWO late mortgage payments on my credit that weren’t even my fault. Since I have emails from her and I cc’d my attorney, can I use those to send to the credit bureaus? I found my attorneys just want the house to sell and their jobs to end…

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