What can I do if my ex-wife was given the house in the divorce but she has stopped making the mortgage payments?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my ex-wife was given the house in the divorce but she has stopped making the mortgage payments?
We bought it together. In the divorce papers she was given the house and took full responsibility for it. he is now 180 days late.
Asked on June 29, 2011 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is one of the most common problems that comes up after a divorce. You see your lender was not a party to the divorce action and they are not bound by your agreement. So once there is a default they will report the matter to the credit bureaus in both of your names and foreclose in both of your names. So you have to either sue her for contempt of the court order to pay or decide if you want to re-litigate the issue of the house and modify the divorce agreement. I would speak with your attorney on the matter and decide the best course of action in light of the entire agreement. Good luck.
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 AttorneyPages.com 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.