What kind of options do I have against my ex-wife for failing to remove my name from a debt that she is listed as agreeing to take sole responsibility of?

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What kind of options do I have against my ex-wife for failing to remove my name from a debt that she is listed as agreeing to take sole responsibility of?

My ex-wife agreed to take full sole responsibility of the mortgage in the divorce decree and has failed to do so. I filled out and signed my part of the paperwork and sent it to her to fill out and file. She has failed to get my name off of the deed to the house and the mortgage. It has been 2 years and I have followed up with her at least once a month to get a status update which has never changed. Recently I applied for a home loan and was denied because of my debt to income ratio from still having the house listed in my name on the report. What can I do?

Asked on August 9, 2012 under Family Law, Wisconsin

Answers:

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

Answered 8 years ago | Contributor

If your divorce agrement states as such and the agreement was incorporated in the order of divorce (which I am sure that it was) then you can bring an action for contempt of the court order and an action to compel that she comply with the agreement.  If she does not have the means to refinance the mortgage out of your name and in to her name alone you may have to come up with an alternative for the court.  Good luck.


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