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How do I make my ex get me off the mortgage loans, he got the house in the divorce.

In the divorce I let my ex have the house. Both of our names are on it. He was supposed to refinance, but won't. He also won't sign the paper to get me off the loans. What kind of relief can I get, because he hasn't been paying any of the three mortgages for over 9 months and my credit has crashed over 150 points because of this. All I want is my name off the damn loans, and I'll worry about suing him for damages later. How do I force him to get me off the loans?

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Attorney answers (2)

Reputation Level 20
Did you have an attorney representing you during your dissolution of marriage? If yes, have you reviewed your options with your attorney?

If you do not have an attorney, you need to review your decree of dissolution (and perhaps other documents from the proceeding). The decree should have specified when certain things (such as refinancing) need to be done. If things are not done by the time specified in the decree, you likely can as the court for a finding of contempt. Depending on your situation, you may be able to ask the court for other relief (such as forced sales of the houses).

The decree of your dissolution will have significant bearing on your resolutions. If you do not now have an attorney, you likely should review your facts and options with an attorney.
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Reputation Level 10
The starting point is your decree of dissolution as there may be language specifying deadlines and what should happen if he refuses to cooperate. It is unlikely that a court would find him in contempt as some courts do not consider this a contemptible matter. However, that shouldn't stop you from seeking relief from the court either to force him to comply with the language of the decree or to give you some kind of equitable relief. The court may even be willing to appoint a special master who would have the authority to sign documents on his behalf. I understand that he is required to refinance but that may be a problem if he is unable to get a loan based on his credit and current lending practices and it may be required to sell the property. As for your credit, you need to be in contact with the credit bureaus and let them know what is happening. You may even send you a copy of the decree showing that your ex is responsible for the loans. As another option, you may consider bankruptcy.
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