Taking someone to court to be removed from a mortgage?
Five years ago my (ex)boyfriend and I purchased a house together. We had been together for five years and neither of us thought twice about it, until a few years later we broke up. I moved out, refusing to sign a quick claim deed. (I worked pt for a bankruptcy lawyer at the time and he told me it was in my best interest NOT to sign it, being that I would have no legal rights to the property but would be responsible for the mortgage payment had my ex defaulted).
Well, it has been three years since we split. He is in the military and has been deployed with the National Guard once already (getting ready for the second deployment in a few months), has gotten married, had a few children and has moved on with his life. As for me, I have moved on, but because of the mortgage we share I can not get another mortgage or even a small car loan from the bank.
I have asked him to refinance several times in the past three years. He came back from Iraq with enough money to catch up and drop me from the mortgage but didn’t. Then he got a large sum of money from taxes and still didn’t. Now he is getting ready to deploy soon and I don’t want to be stuck in this situation any longer. I have given him three years and nothing. The market has gotten so bad, especially here in Michigan, I do understand that. But he still has a VA loan to fall back on, plus he has a wife that can cosign now. He has been severally damaging my credit on top of everything, by making payments several months late.
Does anyone know if I can get a judgment stating that he has to get my name off the house or whatever they do in court? If there is anything they can do? Also, if there is, can I also get some kind of compensation? Being that, besides the house, I have absolutely NO DEBT, I have already paid off my student loan IN FULL and the house is the ONLY thing damaging my credit.