Sunday 28 September 2014

My divorce decree states that my ex-husband should remove my name off the home and business mortgages as the co borrow. He claims he cannot ...

Question

My divorce decree states that my ex-husband should remove my name off the home and business mortgages as the co borrow. He claims he cannot refinance any of the loans because of his bad credit. Can the judge make him sale the house even though the jury stated to just remove my name and take over the debit? He has been paying some of the bills late. I have filed a motion of comptempt



Answer

You badly need a lawyer!

First of all, you CANNOT redo the property settlement. You can attempt to enforce it. However, impossibility is a defense to contempt. If his credit prevents a refi, or if the assets are upside down where he can't, a contempt could be a waste of money. OTOH, if you can show it is possible, contempt may help.

Sit down with a lawyer and strategize if you can do anything or not.



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