Been legally separately since 2010, subsequently divorced in 2012. The divorce decree stipulates that my ex had until the end of 2012 to refinance to take my name off the mortgage. My ex still lives in the home and does not plan to leave. I do not want the house but I do want my name to be removed. What are my legal options?
File a motion in the court that issued the divorce judgment for his contempt of that judgment. In the motion ask that the Judge give him the option to refinance it within 3 months to take your name off the mortgage or if he cannot force him to sell it. Most likely his excuse will be that he cannot refinance because he cannot get a loan (many mortgages are underwater) but that is not your concern he has encumbered your credit. Now the real issue becomes if the house is "underwater" i.e. the balance due on the mortgage is higher than the house is worth. In that case he may have to come to the table with money to refinance it and if he does not have the money how can he refinance it? Then you force him into a sale anyway but your credit may be hit because you are still liable on the mortgage.
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