Need advice on a Unique Situation

Need advice on a Unique Situation

Investor · Chandler, AZ · Member since 2014 · 303 posts · 101 votes

I'm looking for different solutions on how to handle this unique situation.

A friend of mine purchased a house with her husband back in 2009. They have divorced since then but when they got divorced, they didn't spell out who would assume ownership of the property post divorce. So currently, both of them still own the house. My friend has been trying to get her ex husband to refinance in his name but he says he doesn't make enough money to qualify. So she's been trying to refinance in her name but he isn't returning her calls, texts, or emails. Without his consent, she cannot refinance into a new mortgage.

She believes the reason he is not responding is because he's currently living there. So if she refinanced and sold the property, he would have to move - which would make his current living situation more hectic.

I told her she needs to think about addressing his needs first, rather than hers.

So I suggested that she offer him to stay at the property for 2 months MORTGAGE FREE, if he lets her refinance into her name. It's a win-win for both parties involved. He gets to stay where he's happily living and she gets to refinance the note and control the property 100%.

I also suggested that she can offer to pay the mortgage for "X" amount of months, if he refinances the mortgage into his name. (contigent upon him getting approved).

- She is open to keeping the property as a rental or selling it

- There's about 30k in equity

What do you guys think? All helpful and creative ideas are greatly appreciated.

0Reply
16 views

2 Replies

Jump to latestLatest
  • Real Estate Investor · Santa Rosa, CA · Member since 2014 · 60 posts · 33 votes
    11y

    WOW it's hard to believe that a divorce has finalized with no clarification on the property.  From what I've seen, known money is the first thing to be clarified.

    Than aside, everything depends on who's name(s) are on title and how they were put on (joint tenants etc).  I am assuming they are both on title and he is not cooperating.  He has to sign off on any note if his name is on title.

    Normally in a divorce the property is given an agreed up value and then the added to the pot of assets.  The assets are divided and for ease someone takes over the property.  As part of the split the "owner" takes sole possession of title. 

    Once the person has possession of title then you refinance.  Please note that letting the person live in there for free with NO contract is a great way to have huge problems.  

  • Investor · Chandler, AZ · Member since 2014 · 303 posts · 101 votes
    11y

    @Aaron Hall

     Thanks for the response. Both of them are on the deed so yes, he will need to sign off in order to refinance in just her name.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.