ive been divorced for 3 years. the house the ex lives in is still in my name. the decree says that im am to be free and clear of the house. she either has to refinance or sell the house to get my name off. she has been late with payments almost every month for 2 years. sometimes she doesnt make payments at all. i get letters and phone calls from the mortgage company every month. since the house is still in my name, can i take repossesion of the house? she has been told several times by the courts to take my name off, but after 3 years i don't think she has the intention to do so. this is hurting my credit.
1 Answer from Attorneys
Sadky, you may have to fiel a Motion to have yrou ex found in contempt, for failing to refinance ro sell the house. Often the judge will give teh other party the choice of getting it done in acertain amoutn of time or transferrin gthe hosue to the ex spouse making the motion (you) Often the chance tha tthey could lose the hosue, is enough motivation to get lazy ex's to move, if they can. Given the down turn in the economy, it may be tougher for her to refinance or sell. In thos cases, the judge sometimes gives both ex's the ultimatum top work together to get it refianced or sold, or he will order it sold for whatever it wil fetch within thirty days, and leave you two to fight over who has to pay the diffence to the mortgage company.
Since the already know your case, you might start with the lawyer that represented you in the divorce.