Question #130

We are divorcing after 20 years. He is unemployed but looking. We have enough money, and he wants to buy me out of my portion of the house, Since he is unemployed, he won’t qualify for his financing. I don’t want to force him on the street. He wants me to leave everything as is and to file a quitclaim deed. My name is still on the mortgage. If he pays me off and I file quitclaim deed on our house, If he is late on a payment and begins to ruin my credit rating, can I still force him to sell or do anything legally that would get my name off the mortgage?

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Question #132

I am in Wisconsin. I recently got divorced, and my ex-husband is taking over the house that we purchased together at the end of last year. It is in the divorce papers that he is getting the house. However, there is nothing that states he has to refinance by a specific date to have my name removed from the mortgage. It seems as though that he just keeps putting it off and will not refinance, and he has been asking me for money since my name is still on the mortgage even though I have not been living there for over six months now. What are my legal rights? Is there anything I can do to force him to refinance the house or any type of paperwork that can be completed stating that I am no longer financially responsible?

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Question #161

I live in New York State, and after seven years of marriage, I am now seriously contemplating divorce. I understand that I can file for a legal separation and, should things improve with my estranged spouse, we can get back together without remarrying. We currently jointly own (finance) home, and I am unclear as to my financial obligations (my name is on the mortgage) during the period of separation. If I do not make payments during the period we are not together, is that considered abandonment? Do I lose any financial rights to my home? Please advise. Many thanks.

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