Divorce Decree Enforcement

[raynah]

What is the name of your state (only U.S. law)?
I live in PA. My husband and his ex-wife owned a home together. In their divorce decree it states that she would refinance the mortgage to have his name removed from the loan. He also filed a quit claim deed before the divorce papers were signed. They have been divorced for two years and she still has not refinanced the mortgage. Is there any legal way we can force her to comply with the divorce decree? The lawyer we used for the divorce is not returning our phone calls.

 

[mistoffolees]

Your husband cannot force the bank to do it, so if her credit is not good enough, it won't happen.

Your husband CAN, however, force her to try. First step would be to file for contempt. At the hearing, he should request that she refinance the house within 60 days or put it on the market. There will probably have to be other restrictions (like she can not refuse to sell for a reasonable offer, and what constitutes a reasonable offer). The fact that he signed a quit claim deed weakens his position, but he should be able to take care of it.

One other option. If her credit is good and there is enough equity in the home, the bank MAY be willing to remove his name from the mortgage for a small fee. Even if he has to pay that fee, it might be worthwhile since it will be faster and easier than suing.

 

[ecmst12]

Signing a quit claim on a house he is still on the mortgage for was extremely foolish.

 

[LdiJ]

Keep in mind something important. If the house is upside down on the mortgage, like so many houses are right now because of the housing bust, then if a sale of the home is forced, that could mean a short sale. A short sale would do a great deal of damage to your husband's credit, which may defeat the purpose of what you are trying to accomplish.