Hello,
I am hoping someone here can help me out before I have a nervous breakdown!
I am a divorced with 4 kids....I've been divorced for 9 years. 14 years ago, before we were divorced, we bought a home. The actual title/deed to the house is in my name only. I used my VA loan as my ex had already used his and had not sold the property he had used it for. The VA approved my loan request and we found ahouse within our price range. He co-signed the loan and it is still on the loan. Even tho he does pay minimal child support...which I do not contest because he does carry their insurance, pay for the braces, car insurance, cell phone ect.
After 9 years...I can no longer afford this house and its become a nightmare for me. I am tired of going to bed at night and wondering if I'll be able to feed my kids next month. I have consulted with a real estate agent and she is confident she can get me a good price. I can finish school with the money I will make from this sale and get my Masters so that I can take control of my life and better take care of my kids. For once , in 9 years I will be able to sleep at night.
Now for the problem. My ex is saying he will not sign anything and that I need his permission to sell. My agent is saying I do NOT need his permission as his signature is on the bank loan only which will be paid off at closing and that because the actual VA loan was mine and mine alone. Who is right? I want SO badly to be excited about this and get ready to begin to put my life back together but I am so scared that I am lightheaded. I can in no way afford a lawyer, unless my kids suddenly stop needing to eat.
One other thing...in our original divorce decree...it states that if I cannot afford to refinance...in order to remove his name from the mortgage...that I should sell and that I would keep any proceeds from the sale....problem is...it also states that this should have been done BY 2002....it wasnt of course. I could not afford to refinance and he didnt force the issue and had no problems with it...until now.
I appreciate ANY and ALL advice!