QUESTION

How do I get off the mortgage which the divorce judge said should remain with the ex wife?

Asked on Feb 24th, 2015 on Divorce - Florida
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In divorce, the judge said ex wife should stay in the family home but it is in my name and she won't quick deed it to get my name off the deed. It's been almost 5 years and she is bashing my credit. What can I do to get my name off the deed?
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5 ANSWERS

You can go back to the judge and get the judge to order her to cooperate in order to get your name off the deed. Another approach is that you could go back to the judge and have the judge order the house sold and divide the proceeds appropriately. Good luck.
Answered on Feb 25th, 2015 at 10:35 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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File a motion with the divorce Judge for relief.
Answered on Feb 25th, 2015 at 10:35 AM

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If the problem is her not paying the mortgage, or not paying it on time, which is negatively impacting your credit, then taking your name off the deed will not resolve your problem. You would need to have your name removed from the mortgage. Given the high unlikelihood of your lender agreeing to do so, you generally can only accomplish this in two ways: either your ex has to refinance the mortgage obligation into her own name (or her name with others), or the property has to be sold. Generally, a judge will provide certain conditions when the house is awarded to one person but the mortgage is in both names, such as requiring the sale of the house if the person responsible for the mortgage payments is 2 or more payments late, or is late all the time, etc. You should check the specific language of your divorce judgment for this language. Also, there may be a basis for you to seek enforcement or other remedies, subject to the language of your final judgment and any agreements made a part of it. Consult with an attorney to discuss the specifics of your situation, and your options.
Answered on Feb 25th, 2015 at 10:34 AM

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John Arthur Smitten
Please refer to the terms of the final judgment. If that provides no help then you will have to file a partition action to remove her name from the property Use of a lawyer is recommended.
Answered on Feb 25th, 2015 at 6:58 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You needed an attorney then and you need one now.
Answered on Feb 25th, 2015 at 6:58 AM

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