What are my options in getting off the deed to our home?

UPDATED: Oct 1, 2022

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What are my options in getting off the deed to our home?

I’ve been divorced for 2 1/2 years and my ex-wife was supposed to have me off the deed to our home 6 moths ago. The timeframe was put into our divorce papers, yet she has done nothing. She’s late on the

mortgage which in turn has lowered my credit score dramatically. I’m trying to purchase a home but cannot because of this.

Asked on November 26, 2017 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to bring a legal action against your wife to hold her in contempt for violating a court order--this will most likely be done by making a motion in your existing divorce case, using the existing docket number. Courts enforce their orders by their "contempt" powers: they can impose fines--continuing and even escalating ones--on people who violate court orders and/or even imprison them in egregious cases.  You need your wife to act to remove you from the deed; and the way to compel her to act is by moving to enforce the order you describe. 
Ideally, you should have the help of a family law or divorce/matrimonial law attorney in doing this, but you are permitted to do it yourself (i.e. to file as your own attorney, or "pro se"). Contact the family court clerk's office and ask how to file to enforce a court order in divorce which your ex is ignoring. 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.

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