I have a house with a mortgage that was agreed my ex wife would keep and pay. It has been 5 years and mortgage is still in my name too. How can I force her to get out of my name?

Get Legal Help Today

 Secured with SHA-256 Encryption

I have a house with a mortgage that was agreed my ex wife would keep and pay. It has been 5 years and mortgage is still in my name too. How can I force her to get out of my name?

I have a house with a mortgage that was agreed my ex wife would keep and pay. It
has been 5 years and mortgage is still in my name too. How can I force her to get
out of my name?

Asked on November 27, 2017 under Family Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't force her to get it out of your name unless the divorce decree or settlement required her to do so: court orders and settlements are enforced according to their plain terms, so unless she had to remove you (e.g. by refinancing in her name only), she does not need to do this.
If she was required to remove you, then you can enforce a court order by bringing a motion to enforce it (courts enforce their own orders when it is properly brought to their attention; the court can sanction your ex, such as with fines or even in some cases the threat of imprisonment, until she complies); or enforce a settlement agreement by filing a lawsuit against your ex for "breach of contract"--violating what she agreed to.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption