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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27561
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex wife got the home during the divorce with 12 months to

Customer Question

my ex wife got the home during the divorce with 12 months to refinance in her name , but quit paying the mortgage after 2 months and moved out of the home after 6 months without paying any mortgage payments. Her name is ***** ***** the deed and each month she doesn't pay the mortgage it affects my credit. The mortgage company says I cannot have my name taken off the house and hers put on as sole owner if she cant get financed in her own name.
Submitted: 8 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Customer: replied 8 months ago.
Im awaiting an answer to my questuon
Expert:  FamilyAnswer replied 8 months ago.

Thank you. In a situation like this, a party would need to take their ex spouse back to court and seek to enforce the order and/or hold the party in contempt, for failing to comply. If she was ordered the home, she had a requirement to pay the mortgage. If she could not afford it, she needed to advise of the same and it could have been sold. In addition, she needs to make a good faith effort to refinance it and if there is equity in the home, needs to do that. As such, you need and want to go back to court and ask the Judge to order and compel her to short sale it or cooperate with you, to modify the loan, so it does not get defaulted on. You also do not want your credit ruined, so maybe the Judge will allow you to keep the home and bring the loan current.

Expert:  FamilyAnswer replied 8 months ago.

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