What papers should I file?

UPDATED: Sep 30, 2022

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What papers should I file?

Ex husband since 2010 was suppose to get my name off the mortgage and still hasn’t. He has health conditions and I’m concerned mortgage company will come after me like they did my mother-in-law when he passes away. Is my best bet to file contempt of court papers on him or is there another document I’m unaware of that will help me Also, he’s got primary custody of out 14 year old, who gets custody of her when the ex passes? Cuz he’s got a will made up and he’s trying to give custody to his wife her step mother?

Asked on May 24, 2017 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The only way to get your name off the mortgage is if your ex-husband either refinances the loan in his own name only, or else pays it off entirely. Otherwise, you are obligated under the mortgage, which is a contract among you, your ex-, and the lender, and which is wholly unaffected by what occured with your marriage or its dissolution. Your divorce settlement or decree has no power over the lender, which was not a party to either your marriage or the divorce. Therefore, your only recourse would be to compel your ex- to honor his obligations (e.g. pay off or refinance) by filing for contempt of court.

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