Loan assumption

UPDATED: Sep 30, 2022

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Loan assumption

What can I do to legally have my name
removed off a mortgage after 6 years of
divorce. I have been asking my ex to remove it
but he’s always giving me an excuse. Now he’s
living there with another woman so I want to
know my legal rights

Asked on April 19, 2017 under Real Estate Law, Mississippi


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the court ordered or your divorce decree stated that your name was to be removed from the mortgage, you can pursue contempt of court against your ex for failure to comply.
You will need to file an Order to Show Cause for your contempt of court hearing.  Call the court clerk to schedule a hearing date. You should also file a declaration signed under penalty of perjury stating the fact that your ex has not removed your name from the mortgage.  Your documents filed with the court should include any supporting documents that provide evidence of your claim for contempt of court.  Attach a proof of service (court form) to your documents and file them with the court.  Mail a copy of your documents to your ex to provide him with notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if there are any additional required documents for contempt of court because the required documents may vary from state to state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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