Chicago, IL asked in Divorce for Indiana

Q: I can’t get my name off the marital home, he isn’t able to refinance, how do I get the judge to honor the decree?

Divorce final 02/06/17, he was given 120days to refi, he didn’t get the refi until July but it required me to sign not only quit claim but a release of judicial lien. He owes me 500/mo for 3 years so I asked my attorney before signing that doc. He advised me not to sign, my ex filed contempt charges against me saying refi fell through bc I refused to sign that form. The judge denied his claim, meanwhile he had quit his job making him ineligible for 6 mos to refi. That was Nov 2017. It’s been 8 mos still no attempt to refi says he can’t get a refi if I don’t sign release of lien. I am remarried and unable to buy a house bc I’m still on this one. I get calls when he doesn’t make the payments but outside of that I have no claim to the house. I don’t understand why the judge can not be asked to enforce the original order. He did not and has not refinanced, he just quit his job again in May 2018 and has become self employed so I’m sure he can’t get a loan now. What can I do???

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1 Lawyer Answer
Betsy Walits
Betsy Walits
  • Valparaiso, IN
  • Licensed in Indiana

A: You probably need an attorney to file a motion to sell the home if it cannot be refinanced.

The judge cannot force someone to give him a loan. You need to ask for an alternative remedy.

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