CanI take ex-wife to court for not paying the mortgage?

Get Legal Help Today

 Secured with SHA-256 Encryption

CanI take ex-wife to court for not paying the mortgage?

My ex-wife was awarded the house in our divorce. She is responsible for the mortgage payment. However she is not paying it on time and is hurting my credit. She couldn’t refinance at that time and the mortgage is still in my name only.

Asked on August 2, 2011 Connecticut

Answers:

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

Answered 10 years ago | Contributor

This is probably the most common after divorce event that occurs.  It is very dangerous for the spouse who is still on the mortgage to walk away.  Deeding over the house does not relieve you of your responsibility to pay the mortgage and to pay it timely.  The mortgage lender is not a party to your divorce action so they are not bound by the agreements made.  You can take her to court for breaching the agreement between you. Is she not paying at all or just paying late?  There is a difference.  I would suggest speaking with your attorney to figure out how best to approach this. Maybe a modification. Giving her the house was based upon a distribution of all assets.  It has to be viewed in light of the whole agreement. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption