What can I do if my ex was awarded the house in our divorce but never refinanced it out of my name and now it’s in foreclosure?

In the decree it stated she was to assume the indebtedness on the property, although she never had the mortgage put in her name. The bank is now suing me. Can this be fought?

Asked on October 29, 2015 under Family Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't fight the bank foreclosing and/or suing *you* over the mortgage, if it was, as you indicate, still in your name: you were still legally responsible for the loan, and therefore for the consequences of not paying it. The bank was not a party to your divorce decree and is not bound by the terms of the decree.
What you an do is sue you ex for her breach of the decree, to seek compensation from her for all losses or costs you suffer due to her failure to refinance the mortgage in her own name.

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