What do I do if my ex-wife won’t do what the divorce papers say?

UPDATED: Aug 21, 2011

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What do I do if my ex-wife won’t do what the divorce papers say?

My ex-wife signed a quitclaim for our house to get me name off over a year ago and has not yet. She was also told to give me back my pictures of my son (not hers) and taps I had. She still has not. I have tried to contact her lawyer and no call back. What do I do? Take her back to court?

Asked on August 21, 2011 Washington


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

Answered 11 years ago | Contributor

I am so sorry for the situation.  When you say divorce papers do you mean the agreement signed by the two of you or the order of divorce?  If it was part of the Judge's order then you can take her back to court and ask that the court hold her in contempt.  If it is part of the settlement agreeemnt then she is in breach if she will not follow it and you can take her back to court on that too.  Now, I could  not understand the first part of your question.  Did you sign the quitclaim and she was supposed to file it?  You need to realize that even though your name is not on the deed if it is on the mortgage and she did not refinance your name off then you will still be on the hook should she default.  Yes, go back to court.  Good luck.

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