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Ely
Ely, Counselor at Law
Category: Family Law
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After the divorce is settled and division of property. Wife

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After the divorce is settled and division of property. Wife received car and mobile home in settlement. She remarried and stopped paying note on mobile home. Husband was told he would responsible for payment of mobile home by x-wife. Is this true? Both their names is on loan.
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. This is a very confusing situation and it is both TRUE and NOT TRUE. Allow me to explain.

Normally, when one party receives a property, they are also ordered to refinance into their name only. You see, the lender is not bound by the divorce decree. They do not have to stop holding a party on the decree responsible for the payments, since the lender is not "party" to the divorce. So what the Court normally states is that whoever receives the property must refinance into their own name within a limited time (such as 6 months). In addition, that person must - for the mean time - make the necessary payments and indemnify the party that did not receive the property if the lender comes after it until that time that the refinance occurs.

In other words, if the property is in A's and B's name on the mortgage, and B receives the property in the divorce, B has to refinance into their sole name within a certain time, and until that time, make all the payments, and hold A harmless if the lender comes after both of them.

So if the husband's is B, then while he is liable to the lender, he can take his ex back to family court and:

1) Have her be held in contempt (admonished, fined, possibly even jailed);
2) Have the Court order her to cover all the payments that she would need to make to indemnify the husband.
3) Have her be ordered to refinance into her own name within a certain period of time (if this has not been ordered already in the original decree) and if not, for the property to be sold, or to go to husband, or, whatever other decision the Court believes is fair.

So the husband has to file a contempt motion and have it heard in Court. Contempt is how orders are enforced by the party - via the Court. Such a sample motion may be found on sites like uslegalforms.com or www.usalegalresource.com, however, using an attorney is best.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86628
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and other Family Law Specialists are ready to help you
Expert:  Ely replied 10 months ago.
PS

Sorry, I meant to state "So if the husband's is A, then while he is liable to the lender, he can take his ex back to family court...."

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