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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