How to remove my name from my ex-husband’s mortgage?

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How to remove my name from my ex-husband’s mortgage?

I have been divorced for 8 years; I signed a quick claim release on house at time. However, my ex never refinanced so as to get my name off of the loan. What can I do?

Asked on April 17, 2012 under Family Law, Illinois

Answers:

Shari Bertane / Law Offices of Shari Clancy Bertane

Answered 9 years ago | Contributor

If your settlement agreement or Judgment stated that he was to refinance, you can take him back to court by filing a Rule to Show Cause, and ask that he be held in contempt for violating that court order. If you settlement agreement or Judgment was silent on that issue, you can still return to court to request an order that he refinance, so that your name is off the mortgage.

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

Answered 9 years ago | Contributor

This is probably the most common problem post divorce.  I am assuming you signed an agreemnt. That agreement is a contract and you can sue him based upon the contract. You can also make a motion for contempt.  The problem that you may have with both, however, is the statute of limitations.  Seek some legal help.  Good luck.


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