What should be my next step if my ex failed to execute court ordered agreement? 13 Answers as of January 23, 2014

I have signed over the family home in a divorce settlement. My ex is not of sound mind and her sister is the legal guardian of her affairs. It has been almost 3 years since the papers were signed and they have not taken me off of the title for the home and off the mortgage. They are claiming they can not do it since my ex is sick and can't obtain a new mortgage. What course of action do I have to rectify this so I can clear my credit with the house and move on with my financial affairs?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
It is a good idea to discuss this matter in detail with an attorney immediately. Because your former spouse did not follow the court order, there may be additional issues that you are not aware of at this time. That attorney can assist you with untangling the situation, and advise you on the effect of your former spouse's health issue(s) on your matter.
Answer Applies to: Washington
Replied: 1/23/2014
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
You should consult local family law counsel to review this matter. Were you represented in the divorce settlement? Speak with the attorney who represented you. Without access to the actual court order it is impossible to advise you. In Arizona the court has the ability to appoint a special real estate commissioner to sell the property, but that may not be appropriate for your situation.
Answer Applies to: Arizona
Replied: 1/22/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
File a contempt petition.
Answer Applies to: Pennsylvania
Replied: 1/20/2014
Borzilleri Law Office | Christine Borzilleri
You would need to file an action in court for contempt. I suggest hiring an attorney as this could be a complicated issue considering your ex's medical issues.
Answer Applies to: Rhode Island
Replied: 1/20/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Return to court to enforce the order.
Answer Applies to: California
Replied: 1/20/2014
    Paul H. Belanger, P.C. | Paul H. Belanger
    Motion to enforce Judgment.
    Answer Applies to: Michigan
    Replied: 1/20/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Have you considered going back to Court and asking the Judge to find you ex in contempt and award sanctions? The Judge is the best person to enforce a prior Court Order.
    Answer Applies to: Florida
    Replied: 1/20/2014
    Diane l. Berger | Diane L. Berger
    If the Decree requires your former spouse to refinance the home and she has failed to do so, you can certainly take her into Court on a contempt action and ask the Court to require her to do as was originally ordered. I must advise you, however, that if in fact she is ill and cannot obtain refinancing, it is doubtful the court would find her in willful contempt.
    Answer Applies to: Nebraska
    Replied: 1/20/2014
    John Russo | John Russo
    What does the final and/or PSA say on this issue? Was this a do-it yourself divorce? You never, ever sign over the deed to the house until the financing is complete the deed can be signed at the closing and banks do it all the time since they run into this in divorce matters frequently, an other option would have been signing the deed and holding it either in the court registry or by one of the attorney's until financing was approved. Now all you own is debt with no equity interest, you can't even try to save the house even if you wanted to because you don't own it legally, but you own the debt legally, retain a good family law attorney because you now have a nightmare, it can possibly be fixed but not by you.
    Answer Applies to: Rhode Island
    Replied: 1/20/2014
    In Georgia, an appropriate option would be a Motion to Modify the Settlement Agreement based upon a change in circumstances.
    Answer Applies to: Georgia
    Replied: 1/20/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    File a motion in the court to enforce the judgment. Have it modified so the house will need to be sold if they cannot remortgage it.
    Answer Applies to: Michigan
    Replied: 1/17/2014
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    You can file a petition to enforce the court order at issue. If the ex cannot refinance, you can suggest alternative relief to the court including ordering the property to be sold. I would suggest consulting an attorney.
    Answer Applies to: Arizona
    Replied: 1/20/2014
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    I would need to review the actual language used in your Judgment of Divorce to give you a definitive answer - hopefully the Judgment requires her to remove your name or the house gets sold. If the Judgment is silent on the issue, then you will need to file a Motion requesting the Judge to enter a post-Judgment Order requiring your ex to remove your name within a certain time period (say, 30 - 90 days), with the house to be sold if she cannot remove your name.
    Answer Applies to: Michigan
    Replied: 1/20/2014
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