What are my options if my name is still on the mortgage 3 years after my divorce?

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What are my options if my name is still on the mortgage 3 years after my divorce?

My ex says that he cannot qualify for a refinance on the house and it’s been 3 years since we’ve been separated, in which time he has re-married. He and his new wife and kids are living in the house and I want my name off of the mortgage like he was supposed to do in the divorce papers.

Asked on December 13, 2016 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The bank has NO obligation to honor your divorce papers: the bank was not part of your marriage, was not part of the divorce, and is not subject to or bound by the divorce papers. You have to enforce those papers against your ex; you need to file a legal action against him in family court seeking a court order forcing him to refinance the house. If he then does not follow that order, you can move to have  him punished by contempt of court, which could include by fines or even possibly imprisonment. Contact and consult with a family or divorce law attorney about doing this.


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