Divorced for 5 years house still an issue

[bls8195]

What is the name of your state (only U.S. law)? Indiana.
I got a divorce 5 years ago in texas. My ex wife got the house in the divorce, however there was never anything in the decree about a time line for her to get the house out of my name. This affects anything I do credit wise because it's such a large amount. Can I get a court order for her to sell the house if she doesn't refinance it by a certain time period and if so do I need a lawyer or is there something I can file myself?

I greatly appreciate the help.

 

[bls8195]

I forgot to mention she refuses to sell the home and refinance it.

 

[Ohiogal]

I forgot to mention she refuses to sell the home and refinance it.

Did either of you have an attorney? Is there a clause that states that she will hold you harmless regarding the house? If so, take her back to court.

 

[bls8195]

She used an attorney I didn't feel the need hers did everything for both of us and she paid all fees. There is no clause about the house at all. Just that she gets it that's it.

 

[FlyingRon]

She used an attorney I didn't feel the need hers did everything for both of us and she paid all fees. There is no clause about the house at all. Just that she gets it that's it.

Marriages are easier to get out of than houses. I assume you didn't do something stupid like deed your interest to her in this tomfoolery. I don't understand your last statement. If something says she "gets it" then there is a clause about the house. Your lawyer would have made the transfer contingent on her refinancing it. We can't see the papers you signed so we don't know what your options are. Take everything to a lawyer now.

 

[xylene]

Her lawyer was human scum to claim or even imply she was representing your interest.

 

[latigo]

What is the name of your state (only U.S. law)? Indiana.
I got a divorce 5 years ago in texas. My ex wife got the house in the divorce, however there was never anything in the decree about a time line for her to get the house out of my name. This affects anything I do credit wise because it's such a large amount. Can I get a court order for her to sell the house if she doesn't refinance it by a certain time period and if so do I need a lawyer or is there something I can file myself?

Sorry, but sadly for you there isn't something you can file. Nor is there something an attorney could file on your behalf.

Also unfortunate is that it is too late now to have the Indiana Bar jerk the license of the jerk of a lawyer for his unethical duplicity. Or sue him/her for malpractice.

Its spilt milk now, but had you been properly represented any awarding of the home to your ex would have been made only on the condition that she hold you harmless as to the mortgage note and either refinance within a reasonable period of time or that it be listed on the market until it was sold. And better that it be immediately listed and sold.

But hind sight is hind sight. And cutting corners is what brings you here.

 

[justalayman]

Sorry, but sadly for you there isn't something you can file. Nor is there something an attorney could file on your behalf.

Also unfortunate is that it is too late now to have the Indiana Bar jerk the license of the jerk of a lawyer for his unethical duplicity. Or sue him/her for malpractice.

Its spilt milk now, but had you been properly represented any awarding of the home to your ex would have been made only on the condition that she hold you harmless as to the mortgage note and either refinance within a reasonable period of time or that it be listed on the market until it was sold. And better that it be immediately listed and sold.

But hind sight is hind sight. And cutting corners is what brings you here.

while I know Indiana is the heart of the country and akin to the all powerful wizard of oz in its authority over other states but I don't think the Indiana Bar could do much about an attorney practicing in Texas.

You did realize the divorce took place in Texas, right?

 

[latigo]

while I know Indiana is the heart of the country and akin to the all powerful wizard of oz in its authority over other states but I don't think the Indiana Bar could do much about an attorney practicing in Texas.

You did realize the divorce took place in Texas, right?

Texas Indiana, whatever. Anyway as I've said before geography has never been my strong suit.

 

[bls8195]

So trying to get a judge to order her to sell the home at this point in time is not an option? Can I take the home from her since I am on the deed what good is a divorce decree if I am still on the home?

 

[justalayman]

No you can't take the home from her.


If you could, then as you said, what good is a divorce order?

The problem isn't the decree. It is the lack of knowledge of the people who agreed to the decree. That is what got you in this predicament.

 

[LdiJ]

So trying to get a judge to order her to sell the home at this point in time is not an option? Can I take the home from her since I am on the deed what good is a divorce decree if I am still on the home?

No, you cannot force her to sell the home or take it way from her.

The mortgage company is not a party to your divorce. They and you are bound by the mortgage contract that you signed when you bought the house. What normally happens is that it is written in the divorce decree that the spouse receiving the house has to refinance the mortgage within a certain amount of time. If that does not happen, then the other party has recourse. In this instance, that language was not included in the decree. Therefore, by default, you agreed to remain on the mortgage.