QUESTION

How to order my ex husband to refinance the house to have my name removed from the mortgage?

Asked on Jan 29th, 2018 on Family Law - Virginia
More details to this question:
During my divorce my ex husband and I agreed to refinance property in our own names such as vehicles and the home. I did my part and refinanced my vehicle and had his name removed from the car. He stated he was going to refinance the home. I moved out of the home and he later decided he wasn't able to refinance (in which he made twice as much money as i did at the time) He now has filed for bankruptcy and my name is still on the house causing my credit to lower. I feel he has not lived up to his bargain of the agreement and I don't know what to do or how to proceed in getting my name free and clear off the mortgage. FYI he still lives in the home.
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1 ANSWER

NA smsattorney@gmail.com
Okay, Sorry about what you are going through. Your divorce may be finalized but due to your now ex-husband behavior, you have to escalate the litigation process. I think you have had numerous serious conversations with him regarding reminding him that he needs to remove his name from the mortgage. What you can do, on your part is to contact the Mortgage company that you guys deal with, provide them a copy of the judgment which asks both of you to release yourself from the debts and refinance/etc as per the order. So, if that doesn't work and you require him to get the mortgaged refinanced since its affecting your credit score and will also affect since you are still on the mortgage if he misses a payment. Was his bankruptcy approved? You should contact an attorney to assist you with the situation. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Family Law Attorney in VA.
Answered on Jan 30th, 2018 at 10:59 AM

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