How can I make my Ex spouse remove me from mortagages

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How can I make my Ex spouse remove me from mortagages

In our divorce agreement 2 years ago my ex husband was supposed to refinance the
house mortgage and the home equity to remove me from those loans. He paid me the
settlement of my share of the equity but still has not refinanced to remove me
from the loans. I have given him deadlines etc and he still will not comply. He
now has someone moving in with 2 large dogs so I am concerned for liability etc
and honestly just want to be off of this loan and financial obligation. What can
I do?

Asked on September 5, 2019 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A divorce agreement is a contract (it's a contract approved by or under the aegis/sanction of the court). If your ex violates it, you can sue him for "breach of contract" and seek one or both of 1) monetary compensation (for any losses you can show you suffered due to him not complying with his obligations) and/or 2) a court order compelling him to remove you. It would be advantageous for you to have the assistance of a family law attorney in bringing this action.


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