How do I get my ex to follow through with the divorce decree and assume the home mortage?

UPDATED: Feb 15, 2012

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How do I get my ex to follow through with the divorce decree and assume the home mortage?

Our divorce was final almost 5 years ago. My ex received the house and I was suppose to assume the house loan. She still hasn’t done so.

Asked on February 15, 2012 under Family Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think what you mean is that she received the house in the settlement and was to refinance the loan out of your name, correct?  This is one of the most common issues between spouses after a divorce.  What you are going to have to do is to go back to court to sue her for contempt (but check: there could be a statute of limitations issue with that) or sue her for breach f your agreement which is a contract (also check the statute of limitations on that).  Have an alternative for the court on what you can do.  Good luck.

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