What do you do if your ex has not removed you or refinanced the mortgage as per divorce decree?

Get Legal Help Today

 Secured with SHA-256 Encryption

What do you do if your ex has not removed you or refinanced the mortgage as per divorce decree?

I was divorced 4 years ago and the decree state he had 2 years to refinance the mortgage and he was to assume all responsibility for it and I was to be removed. I had a credit report done last week and it came back with me still being on the mortgage and a payment hasn’t been made on it in almost 10 months and there are $10,000 in back taxes owed. How do I handle this? Contempt of court? Can I force him to sell? My credit is now ruined. Can I get some kind of reimbursement? He’s had almost 4 years to have me removed.

Asked on July 21, 2011 Ohio

Answers:

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

Answered 10 years ago | Contributor

I am so sorry.  Yes, his is in violation of the court order and can be held in contempt which may get him fined or land him in jail.  He won't be able to pay the fine given what you have written and being in jail he won't be able to refinance.  He is obviously not going to follow the order at this point in time so you may need to visit an attorney about re-visiting the agreement and asking that the court allow a modification of the agreement or allow you other options since your husband has breached it (it is a contract). The other options are a deed in lieu of foreclosure to the bank.  A sale or short shale depending on the mortgage situation and the value of the house.  But you are going to have to deal with all of it soon.  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