How do I make my ex get me off the mortgage?

UPDATED: Oct 1, 2022

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How do I make my ex get me off the mortgage?

I divorced my ex 5 years ago this month. I have not lived in the home for 8 years. In the divorce papers it states he has to refinance. He hasn’t even attempted to do so. My lawyer is now retired. What do I need to do First to get this done? I want to be off the mortgage before I sign off the title. I would like to get away from this. He has also got checks for overpayments and I can tell you, I have not signed any of them. What do I do?

Asked on September 5, 2017 under Family Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need to bring a motion in court to enforce the divorce decree or settlement (whichever it was): a court can compel him to honor the terms of your divorce on pain of being found in "contempt of court"--fined or imprisoned. Rather than trying to figure out how to do this yourself (it is conceptually simple, but can be procedurally complex), retain a family or divorce law attorney to help you. If you are determined to do it yourself, buy or download a copy of the your state's court rules and also call the clerk of your county's family court and ask for intructions on filing the papers to enforce a divorce decree or settlement.

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 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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