What happens if my ex-wife does not have my name removed from the deed and mortgage of the house by the date specified in the court papers?

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What happens if my ex-wife does not have my name removed from the deed and mortgage of the house by the date specified in the court papers?

I am divorced. My separation agreement has a section in regards to real-estate. My ex-wife was given the home 100%. However there are 2 boxes checked that state, “The parties agree to prepare documents to transfer title by Dec 31 2013″. Also,”The party who take ownership will have until Dec.31 2013 to refinance the loan and have the other party [me] removed from the debt.” What happens when this does not take place? How can I avoid damage to my credit and not be liable after this date?

Asked on November 27, 2012 under Family Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to file a motion to enforce the divorce decree if the appropriate actions are not completed by December 31, 2013."  Since it's getting very close to that deadline, consider having your attorney send your ex- a demand/reminder letter.  If she still does not comply, then you would have a solid basis for filing a motion to enforce.  If you don't get this loan out of your name, then you would still be on the hook for the note should she ever default on the house payments.


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