Legal Advice: Husbands Ex-Wife and home loan. ?

Q: My Husbands and his now ex-wife bought a house together, they divorced in 2005 but the loan is still in husbands name, she got married in 2007 and didn't inform my husband, he wants her to refinance the house and pay for it on her own credit. Is this legally forcible, he hasn't lived in the house since their separation, she pays the loan and lives there with her "new" husband, we want them to pay for it on their credit FYI so we can buy a house together, we have 2 children and a nice family but can't buy a house because that loan is still on my husbands account. I think its rude they are using our credit I hope its illegal, there is nothing in the divorce decree about it. Thanks in advance! No circumstances, I guess they just didn't feel like dealing with it ( Stupid move on ex-husbands part) no children or anything she has a job that pays very well and now shes married.

A: your husband should have dealt with this at the time of the divorce. unfortunately, his credit history is in his ex's hands. he needs to talk to an attorney now and try to get a petition to sell. there is a chance that she can refinance w/ the new husband. he would still have to quit claim on the old home (with the ex's permission) to get off of the title. this needs to be taken care of sooner than later. there's nothing illegal about a lack of due diligence. your husband was just as guilty as she for not taking care of this back in 2005. don't push all of the blame on her. the one that's reaally getting over is her new husband. he gets to stay in the house, yet has no legal obligation whatsoever if it ever goes into foreclosure.

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