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Rachel Lee Goodson

Rachel Goodson’s Answers

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  • What can I do to get my ex-wife to get my name off the mortgage to the home that she was awarded in the divorce?

    My ex-wife was awarded our former martial home in Alabama in Nov 2012. The judge ordered me to sign a general warranty deed and that I was to be held harmless to the home. Since then she has not filed the general warranty deed with the county, ...

    Rachel’s Answer

    As mentioned by another attorney in response to your question, the bank is correct that you can only be removed from the mortgage if your ex-wife refinances the home into her sole name. Some divorce judgments require a party to refinance the home within a certain period of time. However, some divorce judgments do not require refinancing. Your best bet is to double-check the provision in your Final Judgment of Divorce as it relates to the award of the marital residence. If the provision specifically requires your ex-wife to refinance within a certain time period, which has now expired, you can pursue legal action by filing a Petition for Rule Nisi, a contempt action, against your ex-wife for failing to refinance the home per your divorce judgment.

    In addition, double-check your divorce judgment with regard to the language concerning the deed to the house. Often, a divorce judgment will require that one party, through his or her attorney if represented, to prepare, execute, and deliver to the other a quitclaim deed to the marital residence within a certain period of time. Take a look at your judgment and try to locate the language concerning the specific type of deed needed, the party responsible for preparing the deed, as well as a time period during which the deed must be completed as ordered. If the language provides that your ex-wife is responsible for preparing the deed ordered within a certain amount of time, which has now expired, then you can file a Petition for Rule Nisi against her for failing to abide by the divorce judgment as it relates to the deed to the marital residence.

    Good luck!

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