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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Hi my name Thomas and I have a question concerning a home that

Customer Question

Hi my name Thomas and I have a question concerning a home that me and my wife owned before we were divorced. We have been apart over 4yrs. but my name is XXXXX XXXXX the mortgage. She refuse to take my name off of the loan and she has fallen behind in the payments. The loan company has sent her the forms to take my name off but she ignores them she has since remarried and I need to know what can be done at this point. I just been discharged from bankruptcy an this is distroying my credit all over again.
Submitted: 6 years ago.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

What does the divorce decree say about the home and the mortgage?



Customer: replied 6 years ago.
It was suppose to be apart of the divorce decree but the attoney that I had didn't appear to have given that info to her attorney
Expert:  Lady Themis replied 6 years ago.

If it isn't addressed in the divorce at all, you may have a tough road ahead. The only way to force the removal of your name from the mortgage is to have a court order in which she is required to refinance the mortgage or otherwise sign whatever is necessary to remove you from the mortgage. If the divorce didn't address that, it may be possible to have the divorce re-opened, but you will most likely need an attorney to review your particular situation and file with the court to have this issue re-opened. At that point, you can get an order from the court regarding the mortgage which can be enforced against your ex.


If your attorney's failure to include this issue as part of the divorce is causing you damage, you may also have a malpractice claim against that attorney.


Please let me know if you have any follow up questions.


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