Q: Can my ex be made to get the mortgage of the house she kept out of my name
She has received all monies due her by me. I have been divorced for almost 2 yrs and she refuses to payoff, sell, or refinance the house we owned together while married. I have moved to another state and am wanting to buy a house and this mortgage is on my credit report. If she decides not to pay on time it effects my credit negatively (which she has done in the past since divorce). I almost lost my truck due to her not paying her payments. WHAT CAN I DO TO GET IT OUT OF MY NAME?? I can’t have it hanging over me for the next several years. Please help me. My divorce lawyer has not been upfront, honest, nor responsive to my inquiries thru calls,email, or texts. I need help
A: Since you got divorced a few years ago, as part of the property settlement agreement, there should be a provision that speaks specifically to 1) who keeps the former marital home; and 2) who pays the mortgage on the home. In most property settlement agreements, and with most divorces, each party assumes his or her own debt, and any jointly held debt, like a mortgage, is assumed by one of the parties. If she has not abided by the terms and conditions of the divorce and property settlement agreement, then she may be held in contempt for failure to follow the agreement and accompanying decree. Your best bet would be to contact an attorney immediately, as (I'm sure you know) having your name attached to the mortgage and her failing to pay it could lead to credit consequences.
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