Need some advice

[flufster]

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

This!!! Well stated and a lot more clear than what I was trying to say

[Jerry Worley]

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.

That could work, but in the current environment with mortgage companies you will probably be asked to produced a lease agreement between you and the FIL.

[Jease]

Who is living in the house? My ex wife and her parents and my kids

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

Was this intended to be a rental/investment? investment

What was the purpose of buying the house together? bigger place to live then a duplex after I returned from Iraq

What reason does he give for not refinancing into his name only? credit isn't good enough

Is there any equity in the house? not sure have't been there in 2 1/2 years

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?

lawyer told me that I need to ask him to refinance the house in his name otherwise i'm stuck with it. and also in the divorce decree the judge had said( the house will be refinanced in to the FIL's name and i will not have anything else to do with the house) but on paper I have read lots of times and nothing says anything about the house or the FIL refinanceing. so basicly I feel screwed.

[FritoBandito]

If you want to recover any of your money you can force a sell. If you dont you can sign a paper called a special warranty deed. I just finalized my divorce and had to get my ex to sign one of these. If not you will have to be present when ever the place is sold.

[Jease]

if i sign something like that am i still responsible if he passes and also will it still be on my credit?
and who do i talk to about the special warranty deed?

[Johnny Dangerr]

If you have the keys to the house rent it, keep every penny for lawyer fees, and expect a fight.

[Jease]

i don't have keys i don't want the house i just want it off my credit and let them deal with the headache

[JHT]

Who currently lives in the house?

[Jease]

my ex and her family
and my kids

[clintb]

You will need to get another lawyer or this will haunt you for the next 30 yrs

[Jease]

yes i know it's haunting me already with me and my new wife

[JHT]

my ex and her family
and my kids

Can they afford to refinance?


Is there credit shot?

[Jease]

well i haven't talked to him personally since the divorce but my ex says he can't because his credit is too low to refinance so my hands are up in the air, i think sunday when i know he is off i'm gonna go over there and see my kids (been 4 1/2 months ) and talk to him about it and see what we can do.

[iamntxhunter]

Get a lawyer doing anything else is not wise.

[Jease]

would love to but can't afford one