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Stuck with bills STILL in my name

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roshidrew

Junior Member
What is the name of your state (only U.S. law)? Georgia


My ex wife and I divorced in Jan. 07. Part of the agreement was that she was supposed to get the bills (utility and mortgage) OUT of my name. It's been almost four YEARS and she still hasn't gotten around to doing this.

My ex always drags her feet in paying bills ontime. So she's late a few times a year. Plus, *I* keep getting the bills in my name which I have to mail to her every damn month.

Is there anything I can do to get this stuff out of my name? She was supposed to take care of this a long time ago and still hasn't. She gives me the same excuse "Well, money's tight right now./I don't have the time to refinance. Why don't you look into it FOR me?" yet she still has money and time to go out to dinner & on vacations.

Any advice would be very appreciated. I've been tired of this for a long time.

Thanks.

- RD
 


justalayman

Senior Member
Is there anything I can do to get this stuff out of my name? She was supposed to take care of this a long time ago and still hasn't. She gives me the same excuse "Well, money's tight right now./I don't have the time to refinance. Why don't you look into it FOR me?" yet she still has money and time to go out to dinner & on vacations.

as to the utilities; call up the utility company and have your name removed. At most, you will have to pay any currently owed bill.

to the mortgage; you can continue to wait or you can get back into court and ask the court require action for the ex to refi the house. If she can't, then ask the court to sell the house and split the proceeds or debt as the the decree would have dealt with such assets or debts.
 

nextwife

Senior Member
I agree. If the bdecree says utilities are to be out of your name, notify the utilities, advise them how to contact the occupant if they want continued service and that you do not live there and want service out of your name. Why are you waiting for her?
 

strongbus

Member
2 quick question for OP

1st where there any childern form the marrage and do they live with your ex?

2nd can you ex even get the bills in her name (ie dose she have pass bills in her name that would stop her form getting any unless she can pay them off)

Only reason I say this is cause if the answer to both these questions are yes then if the OP calls and has stuff turned off and the ex wife can't get them turned back on, OP could get into alot of trouble. Don't know bout OP's state, but here in mine a guy got in trouble with CPS for doing just that.
 

roshidrew

Junior Member
Reply to Strongbus:

1. No children from the marriage.
2. My ex probably COULD get the bills in her name. She's been paying them since all by herself since we separated back in 05. I think for the mortgage and another, they are in BOTH our names. I just want mine OFF of these bills so I will stop getting them in the mail and stop getting credit report dings.
 

LdiJ

Senior Member
Reply to Strongbus:

1. No children from the marriage.
2. My ex probably COULD get the bills in her name. She's been paying them since all by herself since we separated back in 05. I think for the mortgage and another, they are in BOTH our names. I just want mine OFF of these bills so I will stop getting them in the mail and stop getting credit report dings.
As you were already told, you can at least get the utilities out of your name.

However, as far as the house is concerned, the only way you can be removed from the mortgage is if she could qualify to refinance the mortgage in her name alone. Since the housing market has tanked since your divorce was final, that might be problematic right now.
 

MacKennaLaw

Junior Member
What is the name of your state (only U.S. law)? Georgia


My ex wife and I divorced in Jan. 07. Part of the agreement was that she was supposed to get the bills (utility and mortgage) OUT of my name. It's been almost four YEARS and she still hasn't gotten around to doing this.

My ex always drags her feet in paying bills ontime. So she's late a few times a year. Plus, *I* keep getting the bills in my name which I have to mail to her every damn month.

Is there anything I can do to get this stuff out of my name? She was supposed to take care of this a long time ago and still hasn't. She gives me the same excuse "Well, money's tight right now./I don't have the time to refinance. Why don't you look into it FOR me?" yet she still has money and time to go out to dinner & on vacations.

Any advice would be very appreciated. I've been tired of this for a long time.

Thanks.

- RD
Depending on the phrasing in your divorce order, there are two options that immediately come to mind:

1) First, if the order says that she's supposed to do it and she hasn't, then you should go back to the court that granted the divorce and file a motion for contempt. That asks the court to penalize her for her failure to comply with the court's order. Generally this is pretty effective in getting a non-compliant ex to do whatever it was they're supposed to have done.

2) Secondly, whenever I draft a divorce order, I usually include language that allows the order itself to be used as authorization for whatever it is that is supposed to be done. If your attorney had the foresight to do that, then you could take the order to, say, the electric company and say, "look, here is a court order telling you to take my name off of this account. If you have a problem with that, talk to the judge!"

Feel free to contact me if you have further questions. I'm in the Atlanta metro area.
 

justalayman

Senior Member
2) Secondly, whenever I draft a divorce order, I usually include language that allows the order itself to be used as authorization for whatever it is that is supposed to be done. If your attorney had the foresight to do that, then you could take the order to, say, the electric company and say, "look, here is a court order telling you to take my name off of this account. If you have a problem with that, talk to the judge!"
a.
You are kidding, right?
 

majomom1

Senior Member
He's got to be... HAS to be.
Why do you say that? My attorney did exactly that.

I was awarded attorney fees and my order states that and also says that I am "hereby granted judgement for said sum".

I didn't have to go back to court, to file contempt, when the ex didn't pay... I took my order straight to the courthouse and filed a garnishment.
 

mistoffolees

Senior Member
Why do you say that? My attorney did exactly that.

I was awarded attorney fees and my order states that and also says that I am "hereby granted judgement for said sum".

I didn't have to go back to court, to file contempt, when the ex didn't pay... I took my order straight to the courthouse and filed a garnishment.
That's a little different than an order making a third party do something.
 

LdiJ

Senior Member
That's a little different than an order making a third party do something.
He is an attorney, the admin vetted him.

However, it doesn't have to be that literal. It could say something as simple as:

Mrs X is awarded the house and all utility bills are to be taken out of Mr. X's name as he is no longer and owner or or resident of the property.

That doesn't order the utility companies to do anything, but certainly should be enough to convince them to take his name off if they were being stubborn about it.
 

MacKennaLaw

Junior Member
He is an attorney, the admin vetted him.

However, it doesn't have to be that literal. It could say something as simple as:

Mrs X is awarded the house and all utility bills are to be taken out of Mr. X's name as he is no longer and owner or or resident of the property.

That doesn't order the utility companies to do anything, but certainly should be enough to convince them to take his name off if they were being stubborn about it.
That's exactly what I was thinking. Usually it's there for, say, a recalcitrant spouse who needs to file a quitclaim and who probably won't (based on their previous conduct). It may allow the other party to avoid the trouble of having to go back and get a contempt order.

Here's the language I usually use:

Each party shall execute any and all deeds, bills of sale, endorsements, forms, conveyances or other documents, and perform any act which may be required or necessary to carry out and effectuate and all of the purposes and provisions herein set forth. Upon the failure of either party to execute and deliver any such deed, bills of sale, endorsement, form, conveyance or other document to the other party, this Order shall constitute and operate as such properly executed document. The County Auditor, County Recorder and any and all other public and private officials are authorized and directed to accept this Order or a properly certified copy hereof in lieu of the document regularly required for the conveyance or transfer.
Now would that allow the OP to get the power bill, say, out of his name? It might, it might not. But it'd be worth a try.
 

justalayman

Senior Member
Now would that allow the OP to get the power bill, say, out of his name? It might, it might not. But it'd be worth a try.
but that isn't what you said previously.

"look, here is a court order telling you to take my name off of this account. If you have a problem with that, talk to the judge!"
with that statement, you were clearly stating that the order did in fact require the utility company to act based on that order. That simply isn't factual.
 

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