Q: How do you go about having an ex spouse removed from a deed that is not on the mortgage?
This was a no fault divorce, so nothing was stated in the divorce decree. She lives in the home and during the divorce, verbally stated she would make the payments. Since the divorce, she has remarried and has promised numerous times that she was going to refinance to get the mortgage in their name. They are not making payments regularly and sometimes going months without payment.
A: If there was no Settlement Agreement executed in this case and neither party filed a count for Equitable Distribution during the Divorce, the remedy now is most likely a Complaint for Partition.
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