What are my options in getting off the deed to our home?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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