Legal Question in Family Law in Utah

Divorce Decree and Mortgage

When my ex-husband and I divorced two years ago this July we were trying to sell our house since neither parties wanted to keep it. My ex-husband changed his mind, right after the divorce was finalized and kept the house. My name is still on the mortgage, and deed to the house. I'm not seeking the house nor money I just need my name back for my own credit to purchase my own place of residence. In the Divorce Decree it states ''The property shall be sold as soon as reasonably practicable and the proceeds of the sale applied as follows: First to pay expenses of sale; Second to retire any and all mortgages and liens; Third to pay all marital debts and obligations; Last any balance remaining shall be divided equally.

Thank you for your help.


Asked on 2/26/03, 10:15 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Divorce Decree and Mortgage

You (or your attorney) should file an Order to Show Cause why the house has not been sold, and request an order of contempt. Tell your ex that the house must be either refinanced or sold within the next 60 days. If the house is refinanced you should get your portion of the equity out of the house (and/or have the appropriate debts paid.)

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Answered on 2/26/03, 12:22 pm


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