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ex will not assume mortage

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debedo

Junior Member
What is the name of your state (only U.S. law)?
My husband and I live in MN. The property in question is located in ND.
In his divorce decree, his ex-wife was given the house and was to assume the mortage. My husband's lawyer did NOT tell him anything about the quit claim deed. Regretfully he completed it and mailed it to her. Now the deed is filed but she is NOT assuming the mortage. What can we do? Nothing I can read shows me that we have any recourse. We are not in a position to be hiring another attorney. There is also a tangled web of credit card debit my husband was ordered to assume that had debit that is NOT marital debt. His lawyer was also supposed to get that figured out which he did not. This was all handled very poorly with incorrect or no advise at all. If you can point me in the right direction please!!
Any help is appreciated!!
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)?
My husband and I live in MN. The property in question is located in ND.
In his divorce decree, his ex-wife was given the house and was to assume the mortage. My husband's lawyer did NOT tell him anything about the quit claim deed. Regretfully he completed it and mailed it to her. Now the deed is filed but she is NOT assuming the mortage. What can we do? Nothing I can read shows me that we have any recourse. We are not in a position to be hiring another attorney. There is also a tangled web of credit card debit my husband was ordered to assume that had debit that is NOT marital debt. His lawyer was also supposed to get that figured out which he did not. This was all handled very poorly with incorrect or no advise at all. If you can point me in the right direction please!!
Any help is appreciated!!
You want it straightened out? You'll need an attorney (in principle, it is possible to do it pro se, but given what you've written above, your husband should NOT be doing this pro se). You don't want an attorney? Then be prepared for it to go on forever. Your choice.

What do you mean by 'not assuming the mortgage'? If the decree says that she doesn't have to refinance, then she doesn't have to - unless you go back to court and get a new order. If the decree says that she has to keep the mortgage current, then she has to. If she doesn't, your husband would file for contempt. If the decree doesn't say anything about the mortgage, then your husband needs to go back to court to have her ordered to take responsibility for it. Basically, she can be made to do whatever the decree says she must do. She can NOT be made to do something just because your husband wants her to.
 

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