What do I do if ex was supposed to take on the indebtedness of mortgage per decree but he has never been able to get the house solely in his name? 15 Answers as of January 15, 2014

My ex, per our divorce decree, was ordered to take over the indebtedness of our jointly owned house. It will be approaching three years this March since our divorce was final. He has faced foreclosure a couple of times, but has miraculously managed to stay in the house. He is behind about $12,000 but the home is not upside down.

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Law Offices of Lauren H. Kane | Lauren H. Kane
File a contempt petition.
Answer Applies to: Pennsylvania
Replied: 1/15/2014
Attorney at Law
Attorney at Law | Frances An
To protect what is left of your credit, you should file a motion to have the house sold.
Answer Applies to: California
Replied: 1/15/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
You should have gotten a Deed of Trust to secure his assumption, so that you may now foreclose on him. You would have to catch up the mortgage. If he was ordered to refinance then you can now force the sale of the property. When the mortgage company does foreclose on him then you can sue him for your damages caused by his failure to make the payments on time.
Answer Applies to: Texas
Replied: 1/15/2014
Woods, May & Matlock, PC
Woods, May & Matlock, PC | Robert J. Matlock
A divorce cannot adversely affect the rights of creditors. The only way to remove your liability is to sell the house or refinance the debt so it is only in his name. There should have been paperwork done in conjunction with the divorce that will allow you to foreclose on the house and take over the payments and ownership. I suggest you hire a lawyer.
Answer Applies to: Texas
Replied: 1/15/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The court has the power an obligation to divide your assets and liabilities. If he's unable to remove your name from the house, you should go back to court on a request for order to have the house sold.
Answer Applies to: California
Replied: 1/15/2014
    Paul H. Belanger, P.C. | Paul H. Belanger
    File a Motion to appoint a receiver.
    Answer Applies to: Michigan
    Replied: 1/15/2014
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need to get a good divorce lawyer on this NOW. you are at risk for losing money because of his screw-up.
    Answer Applies to: New Jersey
    Replied: 1/15/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    This is a common problem since it affects your credit.You can file a motion to for his contempt of the order and to amend the judgment to force him to sell
    Answer Applies to: Michigan
    Replied: 1/15/2014
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    The actual language used in your Judgment of Divorce will control, but you may want to consider filing a post-Judgment Motion, where you ask the Judge to order your ex to either ASAP re-fi the house to remove your name from the mortgage, or sell the house if he cannot remove your name from the mortgage.
    Answer Applies to: Michigan
    Replied: 1/15/2014
    SHAPIRO LAW GROUP | ERIC L. SHAPIRO
    You could file for a contempt/modification action. and seek to have the property sold and any equity divided.
    Answer Applies to: Georgia
    Replied: 1/15/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    One suggestion would be to go back to Court and ask the Judge to Order him to either refinance the home in his name only or to sell the home if he is unable to refinance with your name off the Note.
    Answer Applies to: Florida
    Replied: 1/15/2014
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can file a motion for contempt asking that he either get up to date or ask the court to make him sell the home.
    Answer Applies to: Wisconsin
    Replied: 1/15/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Your primary course of action in this circumstance is to file contempt against your Husband. You would be filing contempt because he has followed the court's order in regards to the marital home. If the court finds him to be in contempt, they will order him to repay any attorney fees that you paid and likely give him a deadline to refinance the home or face more severe penalties from the court.
    Answer Applies to: Ohio
    Replied: 1/15/2014
    Law Office of Robert E McCall | Robert McCall
    File a Motion to Enforce with the Trail Judge.
    Answer Applies to: Florida
    Replied: 1/15/2014
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    You can pursue a contempt action against him. Depending on the specific wording in your Decree, you may be able to force a sale under the facts you describe. You should at least consult with a lawyer about your options.
    Answer Applies to: Nebraska
    Replied: 1/15/2014
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