If my divorce decree states that my ex-husband is awarded our house and financial responsibility of the mortgage but he has not refinanced to take my name off the mortgage, is he considered in contempt of court?

I do not want to sign a quitclaim deed and give up rights to the property until I am released from all financial responsibility. What are my options? It has been 6 years.

Asked on October 15, 2015 under Family Law, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your ex-husband is in contempt of court for failure to comply with the terms of your divorce decree pertaining to financial responsibility for the mortgage.
It would be advisable to pursue a contempt of court action against him to compel his compliance with financial responsibility for the mortgage.  Your ex-husband can be subject to fines and/ or imprisonment for contempt of court. 

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