What to do if my ex-husband had failed to refinance the house?

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What to do if my ex-husband had failed to refinance the house?

My ex-husband and I were separated almost 4 1/2 years ago and divorced several months later. We had to stay separated for a year because we have 2 children. Subsequently I walked away from our homebecause it was an abusive situation. He told me that he would refinance the house and property into his name, so that my name could be removed. He has yet to do that and he filed bankruptcy lmpst a year ago. The loan for the house is in both of our names and now he cannot get a new loan. He is also almost 3 months behind on the mortgage. What can I do to get my name removed from this property?

Asked on March 22, 2013 under Family Law, Virginia

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 9 years ago | Contributor

If your divorce decree states that your ex-husband was required to refinance the marital home in his own name, then he can be held in contempt for failure to obey the court order.  Typically, the court will give a limited amount of time for a party to refinance the home, and if unable to do so, the court typically requires that the house be placed on the market for sale.  You should consult with an attorney and permit the attorney to review your divorce documents.  If there was no court order pertaining to the marital home, an attorney can either seek to re-open the divorce action or modify the final judgment and decree of divorce.


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