Our divorce has been final for over 2 years now and he was awarded our residence along with all financial responsibilities. He has stopped paying on the house multiple times, but then has gotten caught back up on the mortgage payments. He knows that the bank will not release my name until he has made 18 months of on-time payments; therefore he continues to fall behind to punish me so I cannot get my name released or purchase my own home.
I am desperate to get my name off of this mortgage and my ex is "holding me hostage" by purposely falling behind every few months. Is there anything I can do?
Thank you for your time
I am not a WI attorney, laws vary from state to state, therefore you should always consult a local attorney.
This is really a family law question. You may have to go back to the family law court and ask for a modification to your judgment of divorce requiring your ex to re-finance within a set period of time or he must list the home for sale.
As a matter of real estate law, your name cannot be removed from the mortgage unless the bank consents to it or if their is a refinancing.
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Divorce / Separation Lawyer
The terms of your Judgment of Divorce should have included a time frame within which your ex should refinance the house or list the property for sale. Review your Judgment for the specific language contained in the paragraph dealing with the homestead and you should find the options available to you. In any event, you should discuss the specific facts of your case with a knowledgeable family law attorney in your county.
You can get a court order to sell the home, if he is not in compliance with the divorce agreement. Otherwise, you are in a not so good position. Might have to just sue him yourself, or try asking the lender what are your options.
The foregoing is for informational purposes only and may not be relied on as attorney-client advice.