Loan assumption

What can I do to legally have my name
removed off a mortgage after 6 years of
divorce. I have been asking my ex to remove it
but he’s always giving me an excuse. Now he’s
living there with another woman so I want to
know my legal rights

Asked on April 19, 2017 under Real Estate Law, Mississippi

Answers:

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

Answered 3 years ago | Contributor

If the court ordered or your divorce decree stated that your name was to be removed from the mortgage, you can pursue contempt of court against your ex for failure to comply.
You will need to file an Order to Show Cause for your contempt of court hearing.  Call the court clerk to schedule a hearing date. You should also file a declaration signed under penalty of perjury stating the fact that your ex has not removed your name from the mortgage.  Your documents filed with the court should include any supporting documents that provide evidence of your claim for contempt of court.  Attach a proof of service (court form) to your documents and file them with the court.  Mail a copy of your documents to your ex to provide him with notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if there are any additional required documents for contempt of court because the required documents may vary from state to state.


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