Ex not removing name from mortgage obligation. Next step?

UPDATED: Oct 1, 2022

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Ex not removing name from mortgage obligation. Next step?

How can I get assistance if I live out of state? I filed my divorce in Nevada at
the District Court Case No D-12–463044-D on August 2013. On page 10 it
states, my ex can reside in the residence as long as he removes me from mortgage
obligation within 5 years of the filing of decree. August is around the corner. I
need legal advice to help me with my next steps. What forms do I need to fill
out? I will represent myself. Please help

Asked on June 26, 2018 under Family Law, California


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

Answered 4 years ago | Contributor

Your recourse is to pursue contempt of court against your ex for failure to comply with the terms of your divorce decree.
You will need to file with the court an Order to Show Cause in order to have a hearing for contempt of court.  Call the court clerk to schedule the hearing.  Enter the date/time/department of the hearing on the Order to Show Cause.  Also, file with the court your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim.  File any additional supporting evidence.  File all of these documents with a proof of service with the court and mail a copy of your court-filed documents to your ex to provide him with notice of the hearing. The proof of service verifies the date of mailing. 
Since you live out of state, you should request a telephone appearance for the hearing instead of having to be physically present in the courtroom.  You will need to file a request for telephone appearance with the court.  Ask the court clerk how far in advance of the hearing you must file your request for telephone appearance.  If you don't file the correct form and/or miss the filing deadline, your request for a telephone appearance will be denied.
As for getting assistance since you live out of state, you can call the court and obtain the forms (Order to Show Cause, request for telephone appearance, proof of service) or can download the forms.  The declaration you will have to write yourself.  See the format on the documents in your case for naming the parties, case number, court, address, phone number, caption, etc.
State in the declaration:  I, _____(your name) am the (petitioner or respondent) (See the eariler documents in your case to determine whether you are the petitioner or respondent) in the above-captioned case, declare as follows:
(state the facts in support of your contempt of court claim).  At the end of the declaration include the following: I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on _______ (date) at _______ (your city and state).
_________________ (sign on the line and below the line print your name) 

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.

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