Need some advice

[Jease]

Hey all I have a problem. Here's the issue: My last marriage me and my ex father in law bought a house after I got back from my first deployment, my ex wife and I got a divorce in 2010 and now the house is still in my name but also in her dads name. I have asked them to refinance it into their names but they aren't doing it. Is there any other way that I can get it out of my name so I may move on and get my credit back up to get my own house? Also to let you guys know that there hasn't been a missed payment and everything is current but I can not get anoy kind of credit because of the income debt ratio. Any advice?

[Joe H]

Probably need a lawyer and try to force a sell...

[flufster]

Probably have to lawyer up, nothing in divorce papers about the house?

[Rambow]

When filling out new home app list the debt as a rental property & show him as the renter? Same income coming in as going out.

[tx07]

Sell your % to him. Tell him if he doesn't buy your part. Your going to get a lawyer to sell it for you.

[Jease]

no nothing in the divorce cause i divorced his daughter not him lol, and ya i have talked to my lawyer about it but me and him aren't on good terms anymore and i don't make enough to get another lawyer. I have thought about seeing what I can do as far as talking to the mortage place and talk to the credit bureau

[Jease]

and i'm the main buyer but i can't sell the house unless both sign to sell it.

[flufster]

no nothing in the divorce cause i divorced his daughter not him lol, and ya i have talked to my lawyer about it but me and him aren't on good terms anymore and i don't make enough to get another lawyer. I have thought about seeing what I can do as far as talking to the mortage place and talk to the credit bureau

i realize that but why couldnt you have gave your ownership of the house to his daughter as part of the divorce? then you are free of her and the house

[akey]

Does the ex FIL care at all about his credit? If so just threaten to quit paying it.

[Sylvo55]

Sorry about your situation but either he buys you out or you will need to take him to court to remove your name. Good luck

[Burnadell]

Who is living in the house?

Who is making payments; are each of you paying half of the paynments?

Was this intended to be a rental/investment?

What was the purpose of buying the house together?

What reason does he give for not refinancing into his name only?

Is there any equity in the house?

For those of you telling him to sue to force the FIL to sell, on what grounds are you basing this advice on? Why do you think a court would force the FIL to buy him out or force the mortgage company to "remove his name"?

What did your lawyer tell you could be done?

[dpatterson1976]

When Burnadell speaks even Chuck Norris listens!

[helibow]

Doesnt matter what the mortgage says... it matters what the deed says. The divorce from the daughter complicates things but really has little to no bearing in this situation. Irregardless of the divorce, you and the FIL are partners in an investment property. If you bought the house while you were married, then your divorce decree should have some language regarding the house (community property) and what rights your ex-wife has or had to it.
My ex-wife is listed on the mortgage still, but the property is legally mine and mine alone based on the decree and the deed filed with the county. She signed a special warranty deed and gave up any and all rights to the property. I have renters in the house and have not had an issue showing the rental income and qualifiying for an additional home mortagage.
Unfortunately it sounds like you need an atty to wade through this issue. Bernadel brings up good points... who is in the house, who is paying the mortgage etc.
good luck

[D_Mcvay]

When Burnadell speaks even Chuck Norris listens!

This x2 hahaha

[BIG IRON]

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