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?
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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 6 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.
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