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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16271
Experience:  Licensed experienced Attorney
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In my divorce I got my house and my ex husband got the mortgage.

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In my divorce I got my house and my ex husband got the mortgage. I'm trying to sell my house and want to make sure I will not have any problems. Is there something I need to do for this type of situation?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Is the house in your name and the mortgage on the house in your ex-husband's name?

Is your ex-husband making payments on the mortgage?

Do you have any equity in the house?
Customer: replied 4 years ago.
He won't sign the documents to remove his name on the deed. He also will not take my name off the mortgage.
He has been making the payments, it is behind though.
I have lived in the house for 5 years so yes I have equity into it I believe.
Thank you for your follow up.

If the court has ordered for the house to be transferred solely to your name, you can file a motion for contempt against your husband and the court will order your ex-husband to sign the house over to you which would remove his name from the deed.

Unfortunately with the mortgage it is not so simple, as the court cannot force the mortgage lender to remove the name of your ex-husband from the mortgage, unless the mortgage lender would approve an assignment of mortgage to you and/or to remove your husband from the mortgage.

Unfortunately, unless the house is transferred in your name or your ex signs all the documents necessary to the sale of your house and also the entire mortgage is paid off with the proceeds from the sale, you will not be able to sell the house.

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