If my ex-wife let her house go into foreclosure but my name was still on the mortgage, what rights do I have?

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If my ex-wife let her house go into foreclosure but my name was still on the mortgage, what rights do I have?

I lost the house in our divorce.

Asked on September 14, 2011 under Bankruptcy Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry.  This is probably one of the most common problems that shakes out after a divorce.  You think that the matter is over but it comes back to haunt you. You still have legal rights as per the mortgage because she never refinanced to get you off the document.  But how your divorce decree reads will govern what you need to do here.  You can either sue for modification of the decree to allow you to bring the mortgage up to date and/or to sell the property and/or to have it awarded back to you.  You can sue her for contempt.  Some one needs to read the paperwork involved with the divorce and help you decide the best course.  Good luck.


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