What to do if my ex has not taken my name off of the mortgage and related bills?
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What to do if my ex has not taken my name off of the mortgage and related bills?
We have been divorced for 2 months. I quitclaimed the house over to her, and she has not made payments for a year. She also has not put the hot tub bill in her name which is a debt associated with the house. In our divorce papers it states that she is responsible for putting any debts, including the house in her name. I believe that she is in contempt and I want to take her to court for not trying to refinance, take my name off her part of the bill, or have the judge order her to sell to save credit.
Asked on June 21, 2011 under Family Law, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are in a situation that is not uncommon to most divorces. What you need to be aware of is that the banks are not a party to the divorce agreement and do not have to abide by the terms. But you are correct that your ex wife has to abide by them. You can indeed bring a motion for contempt and to compel her to refinance,although in all honesty if she will not do the paperwork then you may be stuck again. And if the house is hers now (i.e., the deed you signed as part of the agreement) you may have no standing to compel that it is sold, although the mortgage issue may be enough. It really depends on local law. Get some help. Good luck.
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