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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I want to sue my ex-wife. She won the houses 6 ea in the divorce,

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I want to sue my ex-wife. She won the houses 6 ea in the divorce, but she failed to take them out of my name. I would like to make her take them out of my name. I was in Kuwait during the divorce and did not have an attorney. she has missed about 50% of the payments. I get calls all the time and want to get this stuff out of my name. my credit score is 598, because of this. I had to get a 15% auto loan to buy my truck. I want to sue her to get the interest I pay back and anything else I can. this will fall under Oklahoma law.
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 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 very sorry for your situation. Can you please tell me:

1) Do you have a copy of the divorce decree?
2) The reason I ask is because it should state that she has to refinance the homes into her names, only - does it? If so, does it give her a deadline, or not?
3) Or, does it not state it at all?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.

yes, I have a copy where can I send it, it will not let me attach it to this message. I say legal stuff, but I dont understand the exact meaning.

Expert:  Ely replied 9 months ago.
E,

What you can do is send it to experts@justanswer.com and in the body of the message state...

For expert of

http://www.justanswer.com/law/7vseq-want-sue-ex-wife-won-houses-ea-divorce.html


...and I should receive it in under an hour.

However, I may not be able to reply until late evening - would be be acceptable?

Also, please make sure the attachment is under 1 MB.
Customer: replied 9 months ago.

I had to send 4 emails to get it all to you. It is 8 pages. I am in Korea this week, so it is the morning here. I will not be able to respond until tomorrow morning US Time.


 


Thanks

Expert:  Ely replied 9 months ago.
Okay, no worries. Until then.
Expert:  Ely replied 9 months ago.
PS - I will reply and let you know when I receive them and have had a chance to look it over.
Expert:  Ely replied 9 months ago.
Friend,

I have had a chance to look over the document.

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 loan, since the lender is not "party" to the divorce. So what the Court 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.

If B does not, A can file for contempt against B.

At least, this is how it is supposed to work. In your decree, no language to refinance is there. So technically, she did not have to do so. So she is not in "contempt" as nothing she did is "against" a court order.

Nonetheless, you do have a means of relief. Obviously, the language was left out by accident. What someone in your situation may wish to do is to file a Motion for Clarification in such a situation and have a hearing. The Judge should then supplement the decree with another order that expands and clarifies on what she is supposed to do, which may include refinancing into her name, and possibly relief for you in terms of payment or otherwise for the credit and monetary issues she has caused by not doing so, and not paying.

Furthermore, if then she continues not to pay or refinance, then you can file for her to be held in contempt, since then she is not following court orders, which may include admonishment, fines, or even imprisonment.

An attorney is strongly recommended for this matter overall.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85104
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 17 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

sir,


 


Can you recommend a lawyer in Oklahoma for me? Or at least tell me how to find one?


 


thanks for the help

Expert:  Ely replied 9 months ago.
By all means and you are very welcome.

May I recommend the OK Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Expert:  Ely replied 9 months ago.
Thank you for your gratuity.

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