in the divorce settlement, my ex was given the house, and one year to remove my name fromthe mortgage. it has now been a year and a half, an...

Question

in the divorce settlement, my ex was given the house, and one year to remove my name from

the mortgage. it has now been a year and a half, and my name has not been removed. what is the

best way to handle this to have my name removed?

thanks.

Answer

Hopefully you did your case with a lawyer as your lawyer will have written into the paperwork what can be done if this didn't happen. If you did your divorce pro se (which is always a huge mistake) you likely did not think of such remedies and you may have lessened your ability to enforce the settlement. Either way, you need to see a lawyer to determine what to file or do. Your tools will be far better if you had a lawyer at the time.

Answer

The easiest step is to send a letter (certified amil/return receipt) of the contempt.

Thereafter, file a petition for contempt. In the divorce decree there should have been a provision that sets forth a remedy for the failure to comply with the decree.

If you don't already have a lawyer, I am available to discuss the matter further.

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