My ex husband of 5 years won't take my name off of the house we bought. How can I make him take my name off the mortgage ? Also can I make him pay for the lawyer I might have to get?
2 Answers from Attorneys
Your husband CAN"T take you off the mortgage. He can only try to refinance which may or may not happen based on his credit worthiness and income. You need to speak to a family law attorney to see what a Court may or may not be able to order.
Mr. Love is right on regarding your first question. This should have been resolved prior to your divorce. At this point, I'm not sure there is much the Court can do but it never hurts to check. As to your second question, the answer is probably not. Unlike England, we follow the American Rule where generally speaking, each party is responsible for their own attorney fees. However, IF you have a Separation Agreement and IF he is in breech for not refinancing and IF your Agreement has a clause that states a breeching party will be liable for the non breeching parties attorney fees, then maybe you have a shot at being reimbursed for your attorney fees. But you don't have a Separation Agreement because if you had that foresight we wouldn't be here 5 years later still dealing with old property issues!