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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27232
Experience:  JA Mentor
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I divorced over ten years ago. Due to the financial hardships

Customer Question

I divorced over ten years ago. Due to the financial hardships that I helped create I thought it only fair to give my ex-wife the house. So the divorce atty drew up a quit claim deed. Two weeks ago I get a letter in the mail stating the I and my ex-wife are being brought to court due to the unpaid mortgage. To add insult to injury she currently resides in Germany and has for the last 3 or 4 years. She obviously has never refinanced and the lean hold came after me as well. My stepdaughter resides in the home and was responsible for making the payments but apparently hadn't for some time. I assume that my ex-wife got her out of the jam because I've since received notice that the court case was dropped. My ex-wife refuses to talk to me regarding this matter and has chosen to communicate through Facebook messenger. She states that she cant do anything about refinancing now but has set it up so the payments will be made. That all being said this isn't good enough. I need to get off of that mortgage. Where do I go from here? The property is located in Hopkinsville, KY.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 5 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. One way to get off the mortgage is to file for bankruptcy, which makes the house solely your ex-wife's responsibility. That will cause further damage to your credit, but you'll be able to start to recover, which won't happen if your name stays on the property. That's a last resort form any people, but it may be worth considering if the other option doesn't work out. The other option is to file a Motion for Contempt of Court. The problem is, since your ex-wife is out of the country, if she doesn't appear in court, the judge doesn't have the ability to punish her by putting her in jail or imposing fines - she's outside the reach of the KY courts. However, under the circumstances, you could try asking the judge to enter an order giving you authority to sell the house to pay off the mortgage. Whether that will happen could depend on whether there's currently enough equity in the property to pay off the mortgage, but you could also request permission to do a short sale. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Expert:  Lucy, Esq. replied 5 months ago.
Did you need any more help with this?