How can I get my ex wife to assume financial responsibility for a loan in myname since she has the deed?

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How can I get my ex wife to assume financial responsibility for a loan in myname since she has the deed?

During my divorce proceedings, my attorney told me to sign over the deeds to 2 properties my ex wife wanted so that I wouldn’t be delayed in deploying with my Marine unit. She was to assume the debt however the judge did not place timelines against it. My ex-wife has not worked during our marriage. She continues to be unemployed and lives off of her live-in boyfriend and my child support. Since she doesn’t work, banks won’t give her a loan and she refuses to sell because she won’t make a huge profit off the properties due to the economy. I can’t refinance my home due to the properties in my name.

Asked on September 20, 2011 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  With everything that you have to worry about this should not be one of them.  You need to go back to court and sue your wife on the property settlement document or modify the document given the circumstances.  You were in a tough situation and had no choice but to sign over the deeds where you might not have otherwise.  I can not imagine that the courts will penalize you for what you did by allowing her to lallygag along.  Please seek legal help with all of this.  I might call your old attorney and let him know in no uncertain terms that the advice backfired and how can he help you rectify the situation.  Good luck.  And thank you for your service to our country.  


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