Landlord Question and Answer Forum

My soon to be ex-husband has rented our house to his daughter; however, she has not paid any rent in sometime now and I have not lived in the home for some time and now he is not make the mortgage payments. This home is in both mine and his name and is runining my credit (and his) But he will not kick her out. I have tried to rent the house out to others so that the payment could be made to the mortgage company but he will not make her move. The law is on her side, cause as long as he is okay with her living there, there is not a lot I can do that will not put me further in debt. Any answers?

Every state has a different statute about Community Property. The best thing you can do is consult a Divorce Attorney if you haven't already. If the house if close to being foreclosed, and will sell for less than the mortgage on it, it may be best for you to sign it over to him, so you can at least start to resurrect your credit rating. Again, consult an Attorney ASAP.

Posted by Steve F, NY on Sunday, August 22, 2010

Make sure in the Divorce that your ex husband gets the house and you get th LIQUID assets; therefore, you will have an explanation to put on your credit reports as to why the mortgage went unpaid - Due to Divorce Proceedings. So, you take the cash, money, 401K, pension, marital assets and other belongings that equal to the value of the house and RUN to the divorce attorney to have the equitable distributions drawn up like that; therefore, he gets the house, the daughter, the bad credit and so on and those were ALL his decision anyways. So he pretty much decided how to split the marital property anyways.

Posted by Tamirose & John F, NV on Sunday, August 22, 2010