Location: Alabama
My wife (57f) and I (60m) were married in 2018. My wife went through a divorce in 2013.
Her attorney (a neighbor of hers at the time) decided to put her practice on hold for a time due to having a special needs child. This was not long before the negotiations were complete. She told my wife “don’t worry I know the ex husband’s attorney personally and he won’t do you wrong”. Her attorney started practicing again only year later. My wife didn’t have to money to hire another attorney so she accepted what the ex’s attorney drew up.
The husband’s attorney failed to require a sale or refinance of the home to remove my wife’s name from the mortgage. The agreement basically said if the house didn’t sell in 90 days he would pay her half of the equity and the house would be his. The house was never listed for sale and he paid her less than $10k. The home had been purchased 2 yrs earlier with very little down with not much equity.
She never signed a quit claim.
When I became aware of this in 2021 we sent the ex a letter asking him to refinance to remove my wife from the mortgage. He refused and said the home had foundation issues and wouldn’t pass inspection to refinance. Not sure if that’s true or not.
His daughter and son-in-law now live with him and I’m reasonably sure they plan to inherit the home. He is getting older (75) and I worry he’ll drop dead and the bank will come after my wife for the mortgage. She doesn’t want the house.
Right now the plan is to offer a quit claim to the daughter in exchange for them refinancing. If they refuse we’ll tell the bank to foreclose. My wife doesn’t work due to health so no wages to garnish.
Everything we own is in my name. She is on the deed but not the mortgage on our current home. Purchased 3 months ago. Is there anyway the mortgage company for her old house could come after our current home?