What canI do if myex-husband did not comply with a court order to re-finance our home?

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What canI do if myex-husband did not comply with a court order to re-finance our home?

Court order my husband to refinance house in his name after 1 year; if house was not finance after a year it was to be sold. It has been 2years and the house is still listed with my name. The mortgage company will not remove my name from the contract. What can I do to get my name off of the mortgage.

Asked on October 19, 2010 under Family Law, Georgia

Answers:

Rob MacKenna / The MacKenna Law Firm

Answered 10 years ago | Contributor

Hire an attorney to bring a request for an order of contempt.  Unfortunately in today's environment it is not unusual to see people who are reluctant to sell a home because they are upside-down on the mortgage or hoping that the market will improve so that they can realize some equity gains.  Of course, in the meantime your credit is tied up in the mortgage.

Unfortunately, there is little else you can do other than ask the judge to enforce the order.  No one can force the mortgage company to refinance (I'm guessing that your husband's financial situation makes it impossible for him to refinance, or perhaps he hasn't tried - it doesn't matter), so you will need the judge to order it.  That also depends on the language in your final order granting the divorce or the incorporated marital settlement agreement.  It's not unusual for the spouse to find out that the order doesn't actually require what she/he thinks it requires.  You should consult an attorney to be sure.

 

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

Answered 10 years ago | Contributor

Unfortunately you are going to have to go back to court to get your husband's compliance with the order.  He is in contempt of the order so he may even get a fine or jail time.  Judge's do not like when parties do not follow their order.  The mortgage company was not a party to your divorce and they are not bound by agreements and orders issued.  So they will not take your name off the loan.  But you can now enforce the portion of the order that deals with selling the house.  Did you sign over a deed?  Then the realtor may not let you sign a listing contract so you are going to have to get the judge to allow it or order it.  Good luck. 


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