Somerset, PA asked in Divorce, Family Law and Small Claims for New York

Q: How do I violate/file against my ex for not following our divorce decree to take my name off the mortgage?

2 years Divorced. Ex was awarded home in divorce decree. We (myself and he) agreed he could have the house provided HE pay all the transfer fees associated with removing my name from the mortgage. He even provided a notarized statement to the judge that he would remove me from the mortgage after divorce was finalized. He has yet to do it. How/what do I have to do to enforce this? I am currently financially frozen. I cannot move forward until I am free of this burden. Please help!

2 Lawyer Answers
John Anthony Pappalardo
John Anthony Pappalardo
Answered
  • White Plains, NY
  • Licensed in New York

A: You need to file a post judgement divorce proceeding seeking enforcement and contempt

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You need to file a motion for contempt and enforcement of your divorce decree & stipulation. Just beware, that he may not be able to take your name off the mortgage without refinancing.

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