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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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