Deed of Assumtion

When I divorced my ex, we had a separation agreement that was incorporated into the
final degree. In this agreement I gave her the house we owned and all rights to it. I signed
a Deed of Assumption over to her. In return she has to have the house refinanced or sold
(of which I would get no proceeds) 2 years from the final divorce date. It has been 4 years
now and she has done nothing to get my name off the deed. She is always behind on the
mortgage also. This hurts my credit and I can not even try to buy a another house. When I
talk to her about this she says "so what! take me to court!" When I signed the Deed of
Assumption I was under a lot of stress and did not have the advice of a lawyer (I can't
afford one)We have 2 children. I have custody of 1, she the other. I was afraid of losing
custody of my daughter if I did not sigh those papers. I wanted custody of my son also but
she would not agree so she wouldn't have to pay child support. Her daddy paid for her to
have a good lawyer. The Deed of Assumption I signed was to save me "from harm." My
question is what can I do? I want my house back or it is sold and I would be able to get
my share from the sale. Do I have a chance? Thank You for any advice you may give. We live in VA.

[LegalBeagle]

If the order states he has to refinance and take your name of the mortgage and she has not done so, then take her back to court.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]If the order states he has to refinance and take your name of the mortgage and she has not done so, then take her back to court. [/b]<HR></BLOCKQUOTE>
I have a valid(I think) question in regards to this. I know that on a earlier post someone had basically asked the same ?, and I replied that legally there wasnt much they could do to keep their credit from being ruined.
My basis for that was a circumstance of a friend of mine that in the divorce she was given two vehicles, one in both their names, another in just hers.
Also other bills that she had took out using both of their names. The order stated that she was responsible for paying for those debts. She remarried, never changed the loans into her name and now my friend is having to pay these debts to keep his credit from being ruined. She remarried, got further behind on bills and now has filed bankruptcy. My friend went to an attorney and was told that there is nothing he can do. Since a judgement against her would be of no use due to the bankruptcy, and the refinancing of the car, Ford wouldnt change it and take his name off of the loan. So basically he is now paying what is left owed on all the debts that she incurred and he has no recourse to collect.
Not to mention the fact that she has now sold the car that was financed in a *take over payment* deal. SO the car is included in the bankruptcy, she is collecting payments for it, and my friend is paying for it..
Is all of this legal?

Thank you for your reply. I knew that this would have to be settle in court. I wanted to know what my chances were of either getting the house back or having it sold where I would be able to get half of the sale money?