What can I do if my ex-wife was court ordered to pay the mortgage payments in the divorce papers and she isn’t?

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What can I do if my ex-wife was court ordered to pay the mortgage payments in the divorce papers and she isn’t?

She was court ordered to make the house payments starting 10 months ago. She is not making them and the house is in foreclosure. She is also ordered to re-finance the house in her name. The loan currently is in my name only. We have been to foreclosure mediation already and they have requested all her financial info but I would like to know what my options are if she cannot get a loan?

Asked on August 24, 2011 Ohio

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Hello and thanks for posting to our site. I am sorry to hear about your situation and will do my best to give you some options:

First off, anything in a divorce proceeding must be brought to issue in family court. The very first thing you need to do is make a motion to compel with the family court. This will bring you and your ex into court where the court will order her to make good on the terms of the agreement. If she fails then she can be at worst put in jail (usually a good deterrent).

Because this matter is already in foreclosure unfortunatley civil courts do not cease proceeding due to family court matters especially failue to comply with the terms of a divorce agreement. You may be best served by making the payment and then proceeding civilly against her to recoup the money spent, as right now it is damaging your credit.

Unfortunately there is no magic button in situations like this. But if you just stick it out and make sure the matter is brought before the family court hopefully she will comply once ordered to by the court.

Let us know if you need additional assistance and good luck.


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