Rolling Fork, MS asked in Divorce for Mississippi

Q: In my divorce papers it states that my ex wife was to assume all indebtness of the mortgage. But she never refinanced.

I was supposed to sign a quit claim deed. But didnt. Because she refused to refiance and get me off the mortgage. I dont want to be accountable for debt that I havent had for 3 years. She wants to take me back for contempt because she states she cant sell the house until I sign a quitclaim deed. Am I in contempt. Are we both in contempt? The paperwork never stated her to refinance it just said assume all indebtness. What should I do. I dont want to sign the quitclaim deed and she decide to stop paying mortgage because she purchased 2 other homes with her new husband.

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1 Lawyer Answer
Arthur Calderon
PREMIUM
Arthur Calderon
Answered
  • Madison, MS
  • Licensed in Mississippi

A: Unfortunately, if you do not quitclaim the house to her, and the order required it, then you are in contempt. Usually, when one assumes all of the indebtedness, that just means that they continue to make the payments on the property. From the looks of it, there should have been a plan in place that would require her to refinance the home in her name only after a certain amount of time.

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