Legal Question in Credit and Debt Law in North Carolina

I have relinquished property ,sign over deed and he has Not done his part to take me off loans. How can this continue,and what can be done since in separation papers state I relinquished to him and he took me off deeds and not loans?

Asked on 8/10/13, 6:47 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

You need to speak to your family law attorney and if you don't have one, you need to get one. Unfortunately, you didn't give us many facts and your story was somewhat disjointed, but I assume you mean your ex husband did not take you off loans after you deeded the home back to him. This is a very complicated situation and it is more difficult to take someone off of a loan, because the mortgage company has to agree or he has to refinance, which requires a new mortgage company to find him credit worthy for a loan.

If you are already divorced, you may have a problem. If you are not, you need to get this handled through a family law attorney.

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Answered on 8/11/13, 5:07 am

The problem here is I bet that your ex-husband cannot refinance for whatever reason (bad credit or judgments or other obligations, like child support which eats up his income). If that is the case, then he cannot get you off the loan and the only remedy would be for him to sell the property. If he does not want to do that then you are stuck.

You should discuss this with your family law attorney. If your ex-husband is able to refinance and just has not done so because he does not feel like it then you can probably take him to court for contempt if the separation agreement required him to refinance the property. If he is unable to refinance (like because of bad credit) then a contempt action will not work because his non-compliance would not be willful.

However, litigation costs money.

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Answered on 8/12/13, 12:49 am

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