Q: My divorce was 8 years ago, my name is still on the house after my ex was told to take it off. What do I do?
The settlement says to take me off of the loan of the house in a "reasonable amount" of time. It has been almost 8 years. She refuses to take my name off the house. How do I start the process of taking my name off of the mortage?
Your remedy is to file a contempt motion against her for willfully violating the terms of the divorce decree. 8 years is way more than a "reasonable" time to get you off the loan. If she claims she doesn't qualify to refinance it, the Court will likely order it sold so you will be off the mortgage.
Consult with an experience divorce lawyer to assist in representing you and filing the Contempt motion if necessary.
Nicholas P. Weiss and Cathy Cook Esq agree with this answer
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