Divorced in 2009, still on mortgage of house but signed a quitclaim.

The judge ordered my ex to remove me off everything regarding the house and hold me harmless since he got the house in the divorce. He was given 90 days to refinance the house and remove my name. As of today I am still legally tide to the mortgage. I cannot buy a house or a car because of the income to debt ratio. What is my recourse? Can I make him sell the house? Due to the fact that it has been so many years and he has put low marks on my credit report for late payments which has hindered me from buying a car or renting a place, is there any possibility of getting a monitory award? Since our divorce he has built a huge 3 bay auto repair shop and has started an auto repair business on the 5 acre property.

Asked on January 21, 2018 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You need to seek legal help to bring an action against your ex-husband.  Generally it is an action for contempt of a court order (the divorce) and breach of contract (the stipulation of settlement) and possibly force a sale.  The mortgage company was not a party to your divorce and is not bound by your agreement.  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 AttorneyPages.com 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.