If I had written quitclaim deed, and my name is the mortgages, can I take my house?

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I bought a house in Phoenix, AZ ’06 is now my ex-husband using my VA loan. He is a co-signer is listed in the paperwork. When we divorced, he insisted on staying in the house, and I did not put the struggle, because at that time, he had more money than me, and I wanted out of there, because I could not not bear to live in him. I never signed the quitclaim deed, or to refinance or anything (to refinance out of the question, either of us), but I do not specify the divorce papers, with cars and furniture, the house was hers. Now the tables have become financially: He is unemployed and about two months it is not possible to make a payment, I will be more than enough to resume payments. Am I legally entitled to return home and forced him to leave? If yes, does it change if it is later able to make payments again To answer the first responders: 1 Not in our name appears on the title yet. House is not even close to be repaid, the bank is pealkiri.2. We both have a mortgage. I’m a borrower, and cosigner.Ja I do not want my name to the loan. Maja.Samuti I want, I’m not a divorce lawyer. I was 21 and stupid.

  1. Reply
    April 30, 2011 at 12:23 am

    Two issues:

    1. Who owns the house (who is on the title)?
    2. Who is on the mortgage loan?

    A divorce decree does not get you off the loan, nor does a quit claim deed. It has to be paid off by sale or refi to do that.

  2. Reply
    April 30, 2011 at 12:24 am

    You are experiencing a very common problem with divorce couples with a mortgage, since the family law judge does not have jurisdiction over the lender,

    You will need to consult your divorcee lawyer, since the property was left to your ex in the PSA, property settlement agreement, you will need a judge to modify the PSA in order to take possession, in the mean time you can pay the monthly payment and hope to sue and collect the monies from your ex some times in the future

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