CanI take back my ex-husband’s house that is about to be foreclosed on?

UPDATED: Oct 25, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 25, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI take back my ex-husband’s house that is about to be foreclosed on?

My ex-husband got both houses in our divorce. We are both on the mortgages and he hasn’t made a payment on the one he lives in for 3 months. So is there any way Ican pay the past due and get the house back from him before it goes into foreclosure?

Asked on October 25, 2011 under Family Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your former husband is willing to quit claim to you his interests in the house that you are writing about that is in foreclosure and you have the financial ability to cure all past due amounts, I see no problems as to why you cannot do what you want to do regarding this home.

However, before you decide to make payments on the home to cure all arrearages, I recommend that you consult with an experienced real estate attorney about what you want to do in order to safeguard your interests. The attorney consuled should draft the suggested quitclaim to be signed by your former husband and recorded where you would take title to the home. You also need to call the lending institution to make sure of the exact amount of money that is due to cure the default.

Finally, you need to decide what you plan on doing with the home assuming you get legal title to it. Are you going to rent it out to your former spouse?

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption