QUESTION
What legal recourse do I have against my husband who let our home be repossessed?
Asked on Apr 15th, 2015 on Divorce - Ohio
More details to this question:
My ex husband was ordered to refinance our joint owned home and file a quit claim deed as part of our divorce settlement to remove me from ownership. He failed to do so and let the home be repossessed, which is now a negative on my credit report preventing me from purchasing a new home for my family. Currently my only new debt since the divorce only shows a car loan with no negative payment history and student loans which are paid in full. Is this viewed as contempt of court on my ex husband's part, and if so, what legal recourse do I have?
1 ANSWER
Family Law Attorney serving Independence, OH
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Yes, it does sound as if he is in contempt of Court and a motion to show cause is in order. The problem you have, though, is that it may be too late to get you the relief that you need. The horse, unfortunately, is out-of-the barn, and although your ex can be ordered to reimburse you for damages you have sustained, the Court can't fix your credit report. You should, however, have been named as a party to the foreclosure and should have had the opportunity to defend at that time. If you weren't properly served you may still have some recourse.
Answered on Apr 20th, 2015 at 1:21 PM