My husband’s ex-wife still hasn’t refinanced the home they had together which means his name is still on the mortgage.

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My husband’s ex-wife still hasn’t refinanced the home they had together which means his name is still on the mortgage.

Do we have any legal recourse to force her to get his name off the mortgage?
Even though he isn’t responsible for payments according to the divorce degree it
affects things like credit for us.

Asked on June 20, 2019 under Family Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

IF the divorce decree or divorce agreement/settlement required her to refinance, then your husband can force her to do this (he can but not you, because was a party to the divorce care and/or agreement). If it was a decree (a court order), he would file a motion for the court to enforce its own order; if a settlement, he would sue her for "breach of contract" for violating the agreement (a settlement is a contract). In either event, a lawyer, who is much more familiar with court rules, procedure, etc. would be very helpful.
But if the end of their divorce case, either by decree or settlement, did not require her to refinance, she does not have to: whether its fair or not, she must only refinance and remove his name if she had been ordered to do so by the court or had voluntarily agreed to do so to settle the case.


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