I am divorced. I signed a quick claim deed to the house I shared with my ex-wife. My divorce papers state we are each responsible for our own debts after a certain date. My name still is on the mortgage. My ex makes late payments and is hurting my credit rating. How do I get my name off the mortgage. My ex refuses to refinance. What type of attorney do I need to hire - divorce appeals real estate? Prior divorce attorney moved out of state.
You likely need to consult with a divorce attorney.
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It depends on your divorce decree. In any event, this is a tough situation since you have already conveyed your interest in the property to her with the quit claim deed (not quick, they are the same speed as any other deed). Depending on what the decree says, a judge may be able to compel her to sell the real estate if she is unable to refinance. I would suggest starting with a divorce attorney.
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Divorce attorney with real estate skills.
As a sidenote, however, these are notoriously difficult issues to resolve. If the issue is not that your ex "refuses" to refinance but, instead, "can't" refinance, then there really isn't a whole lot you can do.
The comments listed here are of a general nature and should not be understood to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am licensed in Iowa and to become your attorney, I need to understand the particular facts and circumstances of your legal question and, in all likelihood, need to either meet with you personally or in a fairly detailed conference call.
You can likely file a Motion to hold your ex in Contempt of not obeying the Decree due to her failure to refinance the house out of your name. This would be in the same court and case as your divorce. I would refer back to the attorney that represented you in your divorce for help with this.
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