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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Consumer Protection Law
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Experience:  Knowledgeable in the areas of consumer protection.
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I am recently divorced. My ex got the house in the divorce,

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I am recently divorced. My ex got the house in the divorce, but has not refinanced to take my name off the loan. The loan is in default and the bank is trying to garnish my wages. What if anything can I do? Help!
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  Attorney & Mediator replied 5 years ago.
You can't do anything. The divorce and whatever agreements you made with your ex are not binding to the lender since they were not a party to your divorce agreement. So you can't avoid liability unless you take over the property and the loan in your name and remove her. Further she is in violation of the divorce agreement if she failed to refinance and is now defaulting on payments. What you can do? You will need to return to divorce court on a contempt action against her for the violation in defaults and try to negotiate the sale of the property or you take the property and loan all together. The court can order the sale of the property if she is unable to afford the house and you are not obligated in the divorce to pick up her slack.

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