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My ex-wife has been paying the mortgage on...

Resolved • Response time 5 minutes

3 Jun 2013

My ex-wife has been paying the mortgage on our AZ home for about 14 months. The mortgager is in my name only, but she is listed on the deed. We were supposed to sell the home and divide the gain, but the divorce decree did not state any deadline on when this needed to be done. I have been living in Las Vegas for 16 months. She now claims that she should receive the tax and interest as a deduction on her 2012 income tax. Question #1 Is she entitled to this? Question 2 Should I be receiving any rent money, since she lives in the house and I don't? She is doing a refi, and I am supposed to receive $5,000 in exchange for my agree ment to let her do this. The home appraises at $165,000. The balance on the mortgage is about $125,000. I would receive a lot mor than $5,000 if the home was sold on the open market. The home may close this week, but I have yet to sign any documents. What are my options and responsibilities concerning these issues?
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3 Jun 2013

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Lawyer's response
3 Jun 2013
Ray
Ray
Lawyer
Thanks for your question and good evening. She cannot claim the interest deduction unless the refinance is in her name.The old note was in your name so you are the one that can claim it.Your option would be to take her back to court and get the court to order it sold now. You have to decide if you want to agree to a refinance or force a sale.A sale for you here is better since you would get your money.You could also ask the court for rent until it sells. You have several options that I set out above.You may want to try and force a sale.Refinancing if you want resolution would not necessarily help force a sale here.
3 Jun 2013
Lawyer's response
3 Jun 2013
Ray
Ray
Lawyer
You may well decide you want to force her to sell the property and get out from under it.This would free you from the note and allow you to move on and get some profit here. Thanks for letting me help you tonight. I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers. This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
3 Jun 2013
Customer reply
3 Jun 2013
This may be a totally new mortgage in her name only. She calls it a refi, but That may not be correct, since the mortgage is in my name only.
3 Jun 2013
Lawyer's response
3 Jun 2013
Ray
Ray
Once she refinances here it is out of your name,she gets the write off and likely never wants to sell it.Why can she not by you out here since she is refinancing here?It would appraise for enough to maybe buy you out. You may want to try and negotiate a better deal for you.
Customer rating:
Ray
Ray
Lawyer
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29 years in civil, probate, real estate, elder law
3 Jun 2013
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