Legal Question in Family Law in Colorado

He isn't following Final Orders

In the final orders for my divorce my ex-husband was given 60 days to get my name off the title and loan for our modular home. Now 6 months later he still hasn't done this and ''we'' are 4 months in default on the loan. I talked to the morgage company and they are in the process of taking legal action against both of us for default. What can I do to get myself off this loan and the title? What can I do so the morgage company won't take legal action against me? What can I do to clear my credit history of this?

Asked on 2/01/03, 4:30 pm

1 Answer from Attorneys

Kyle Doviken Doviken and Ditsch

Re: He isn't following Final Orders

You could file a contempt action but the reality of the matter is that the only practical way to get yourself off the loan is to have your husband refinance the property. The only other practical way to accomplish this same result is to include it in a Chapter 7 bankruptcy of your own.

In my experience as a bankrupcty and divorce attorney I have never seen a bank to "voluntarily" take anyone's name off of a mortgage, sans court order or not. Refi, selling the property or your own BK is the only ways that I can see accomplishing your goal. Good luck.


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Answered on 2/01/03, 5:29 pm

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