Legal Question in Family Law in New York

As per our divorce decree, my ex-husband was supposed to refinance his property within 6 months and take my name off the mortgage and title. The deadline was jan 31 2013 and it is more than a year since the financial stipulation, yet he has not refinanced or otherwise tried to take my name off the mortgage.

He bought another house last year before he refinanced the property that has both our names because it was to his advantage to show the he was not solely responsible for this property. He thinks I am not aware of it and now when I ask him about the refinance, he says his debt-to-income ratio is high due to his student loan and hence he cannot refinance but he will keep trying.

A mortgage broker that I know said she could try to work with him but he has not responded to it or provided me any other options or proof that he has even tried refinancing.

I cannot afford an attorney and will be representing myself.

How do I proceed? Do I need to file a new case now? Or can I write a letter to the judge that was appointed to our divorce case for a meeting to discuss options?

Appreciate your input. Thanks.

Asked on 8/18/13, 7:40 am

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

You need to file a motion in the prior divorce case to enforce the terms of your divorce agreement. This can be tricky since you may be required to take certain steps before you make the motion. You should have an attorney review your divorce agreement.

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Answered on 8/19/13, 6:26 am

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