Our home in Florida has a loan with only my husbands name on it. I am however on the deed and title. We are

T
Home Seller
Florida

in a divorce and he has stopped making payments on it. Can I do anything to save the house?

Answers (3)
Elizabeth Burr...
Agent
34223

In the State of Florida if you are married the house Title is in both names you are also responsible. Contact an attorney to get legal advice. Dont hurt your credit because of a divorce.

Tue Nov 6 2007, 11:16
Linda J Sears
Agent
Lady Lake, FL

T,

I am a bit confused as your question is entered as being about Ohio but the property is in Florida. Are you Florida residents? Was the home purchased after you were married? If you are Florida Residents then divorce is handled with 50 50 split. Being a Florida resident I can only help you here and not if you are residents in Ohio. No matter whose name is on the deed if you purchased the home after you were married it is considered to be owned by both of you 50/50. If he has stopped paying the mortgage your first choice would be to pay it. If you can't, get yourself a good attorney not only to attempt an immediate injunction to have your husband continue making the payments through a court order but also to have the attlorney be your representative with the lender. Putting the house on the market is also an option but depending on where it is in Florida you may have to give it away to get a contract on it. Assuming you want to keep the home - get yourself a strong attorney and get your husband into court. It very well may save your home.

Best of luck!

Tue Nov 6 2007, 06:52
Diane Glander,...
Agent
Spring Lake, NJ
FIRST ANSWER

If you know who the lender is, call them. Let them know what is going on and see if there is anything you can do. Get yourself an attorney, too, and see if your attorney can help. I had a similar problem in NJ, but the wife didn't know who the lender was and she lost the house to foreclosure when the husband moved to CA and didn't pay. He also forwarded all the mail/bills to him in CA and her electricity was turned off, etc. A real nightmare.
Whatever you do, start now! If you have to sell, put it on the market at a price to move it quickly!

Tue Nov 6 2007, 06:42

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 1 of 1
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback