What can I do if my ex was to have taken my name off house loan 5 years ago but he has made no attempt to do so and is ruining my credit?

Asked on July 11, 2017 under Family Law, Kentucky

Answers:

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

Answered 3 years ago | Contributor

Assuming that your ex taking your name off the house loan was part of your divorce decree or court order, you can pursue contempt of court.
You will need to file an Order to Show Cause to request a hearing for contempt of court.  Contact the court clerk to schedule a hearing.  With your Order to Show Cause, also file with the court your declaration signed under penalty of perjury stating the fact that your ex has failed to take your name off the house loan during the past five years.  You should also file any additional documents or other evidence in support of your contempt of court claim against your ex.  File all of these items with a proof of service (court form).  Then, mail a copy of all documents you are filing with a proof of service to your ex so that he/she will have notice of the contempt of court hearing. The proof of service verifies the date of mailing.
 Prior to filing your documents with the court, ask the court clerk if any additional items are required to be filed for contempt of court because the required documents may vary from state to state. 


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