What to do if my ex-wife defaulted on the mortgage payments and equity loan and never refinanced to remove my name?

UPDATED: Apr 11, 2012

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What to do if my ex-wife defaulted on the mortgage payments and equity loan and never refinanced to remove my name?

My ex-wife never refinanced our house after our divorce to remove my name from the loan. Our divorce decree states that after one year of alimony to her she is soley responsible for the house and the equity loan. She defaulted on all payments for a year and has moved out of state leaving me to try to short-sale the house and negotiate with the financial institution regarding the equity loan of $10,000. Do I have any legal rights here to force her to pay this debt or at least partially pay?

Asked on April 11, 2012 under Family Law, Alabama


Alan Pransky / Law Office of Alan J Pransky

Answered 10 years ago | Contributor

It appears that she has violated court orders.  If so, you should file a contempt action.  Are you in contact with her?  I think you need her cooperation to sell the property as she will need to sign a deed.  If she is not cooperating with you, you need to go to court to compel her to sign the deed.  If she is cooperating, you should discuss these matters with her first.

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