What can I do if my ex-wife was given the house in the divorce but she has stopped making the mortgage payments?

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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 11 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.


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