Monday, September 1, 2014

my exwife was awarded our house in the divorce however she could not refinance at that time. the mortgage is in my name only. she is not pay...

Question

my exwife was awarded our house in the divorce however she could not refinance at that time. the mortgage is in my name only. she is not paying it on time what recourse do i have



Answer

I don't have enough information from you question to give you a precise answer, however, if your divorce decree states that the court retains jurisdiction, you could file a motion with the court to have the house sold. Generally, we put language in the decree that if the spouse who is supposed to refinance can not, then the home is placed on the market for sale. We do this so that a former spouse is not in the position that you are in. If your divorce decree states that your former wife is supposed to make the payments timely, then you could file a motion for contempt and ask the court to order her to make the payments timely and, possibly, order the home sold. There may be other alternative requests you could make to the court on a post-judgment motion. It is best if you consult with an attorney.



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