Ex has failed to refinance house into his name per divorce decree, what can I do?

Question

The decree gave him 30 days to complete the refinance into his name. He has failed to do so (claiming he doesn't qualify due to bad credit) and is not making timely house payments. I'm worried that he is ruining my credit and may file bankruptcy making me responsible for the home that I am not living in. What recourse do I have? Will a judge order him to sell the property if he refuses to refinance? Could I evict him from the home and sell the house?

Answer 1

Do you have an attorney? If you do, contact him and tell him you're husband is not complying with the order of the Court. He should take it from there.

If you don't have an attorney, it's acceptable to send the Judge a letter. Explain your situation. Tell him you don't have and can't afford legal representation. Again, tell him your husband is not complying with the Order of the Court.

Remember to include your case number; it should be on the first page of your Final Decree Of Divorce. If possible, include a copy of your Final Decree Of Divorce. Tell the Judge what you would like the Court to do.

The Judge will probably schedule what is known as " A Reason To Show Cause hearing ". Your husband will be required to appear and explain why he has not followed the Court's Order. The Judge will probably rake him over the coals pretty good; Judges tend to get rather testy when disobeyed. He may even threaten your husband with jail.

You're in a pretty strong position so things should go well.

Good luck!

Answer 2

To answer a few of your questions. Go to your lawyer right away and tell him what is not happening. You ex is under a court order to get you name off of the loan for the house. Yes, if he fails to make the payment it will be reflected on your credit record.

Depending on the judge and how he sees the circumstances your ex could be forced to sell the house. Some judges will be strict and others less stringent on making sure this is done. Your only recourse is to have your lawyer keep filing a contempt of court every time the ex fails to meet the deadline. Get as much paperwork as you can to help prove you are not responsible for the home loan.

Answer 3

I had the exact same problem when I got divorced, except the refinancing involved a boat and a car. I hired an attorney and went to court, and I won. Under the law in my state I was also entitled to attorney fees and costs.

Don't wait to get this taken care of. Your ex-husband is absolutely ruining your credit, and the credit reporting agencies won't care what your situation is and they won't care about fixing your credit. Trust me, I know. I had to hire a separate attorney to repair my credit, which took two years and a lot of money.

Bottom line is you need to get an attorney now.

I know exactly what you're going through, and my heart goes out to you. Please take care of this right away so you can move on with your life.

Answer 4

You need to ask your lawyer. Who handled your divorce? That is the person to ask. I think a judge would order him to abide by the decree or sell the house, yes. But you need to get a lawyer to handle this for you.

Answer 5

If it is a decree, then he is in contempt of court. Simply notify the judge and they will literally throw his *** in jail until he complies. Note that bankruptcy will not protect him in this case. The court is not a debtor, nor can he ignore them with impunity. The court has the power to truly make his life beyond miserable if he dares to disobey them.

Answer 6

Talk to a lawyer or call the judge's secretary and ask her what you should do. She will ask the judge and will be able to let you know what recourse you have. I hope this helps.

Answer 7

There should be something you can do. He has violated the court order. Talk to your lawyer. Talk to court assistance. Talk to the judge. Dont give up!

Answer 8

How about talking to a lawyer instead of the general public?

Answer 9

go back to court

Answer 10

nothing