What to do if my ex has not taken my name off of the mortgage and related bills?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex has not taken my name off of the mortgage and related bills?

We have been divorced for 2 months. I quitclaimed the house over to her, and she has not made payments for a year. She also has not put the hot tub bill in her name which is a debt associated with the house. In our divorce papers it states that she is responsible for putting any debts, including the house in her name. I believe that she is in contempt and I want to take her to court for not trying to refinance, take my name off her part of the bill, or have the judge order her to sell to save credit.

Asked on June 21, 2011 under Family Law, Connecticut

Answers:

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

Answered 10 years ago | Contributor

You are in a situation that is not uncommon to most divorces.  What you need to be aware of is that the banks are not a party to the divorce agreement and do not have to abide by the terms.  But you are correct that your ex wife has to abide by them.  You can indeed bring a motion for contempt and to compel her to refinance,although in all honesty if she will not do the paperwork then you may be stuck again.  And if the house is hers now (i.e., the deed you signed as part of the agreement) you may have no standing to compel that it is sold, although the mortgage issue may be enough.  It really depends on local law.  Get some help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption