real estate/ divorce

[briggett]

What is the name of your state? ut
What is the name of your state? utah
This is somewhat a sticky situation, but confusing non the less.
But here is the situation/quesiton.
During the divorce proceedings, we used the same attorney, and agreed on all points at hand. She got the house, and all the equity in it. It was her fathers house, I did not have an interest in it. I pay her 600 a month in spousal support for 3 years, by the way.
I Quit Claimed my interest off, she was in the process of refinancing, and since I was not entitled to any monetary settlement, I saw no reason to put that step off.
In the last 6 months, she has been in default twice, and since I am on the 1st Mortgage and the 2nd Mortgage, my credit is completely ruined. I cannot even attempt to rebuild my life until I get off of those mortgages. I have asked her numerous times when / what she plans to do, but she cannot refinance either loan, since she has also ruined her credit history. (we both had very good credit up until this point) I just recieved notification from the Utah Bankruptcy Court that she has filed for Bankruptcy, and my name is tied in since I am still on both mortgages. She is planning on re-affirming both loans, which still will not remove my name.
Do I have any rights here at all? Would getting an attorney even help me at this point. I would like to give her either 90 days to refi or sale the house. I feel like I am being held hostage by her.
Please let me know what you think.
Thanks.

[seniorjudge]

Originally Posted by briggett

What is the name of your state? ut
What is the name of your state? utah
This is somewhat a sticky situation, but confusing non the less.
But here is the situation/quesiton.
During the divorce proceedings, we used the same attorney, and agreed on all points at hand. She got the house, and all the equity in it. It was her fathers house, I did not have an interest in it. I pay her 600 a month in spousal support for 3 years, by the way.
I Quit Claimed my interest off, she was in the process of refinancing, and since I was not entitled to any monetary settlement, I saw no reason to put that step off.
In the last 6 months, she has been in default twice, and since I am on the 1st Mortgage and the 2nd Mortgage, my credit is completely ruined. I cannot even attempt to rebuild my life until I get off of those mortgages. I have asked her numerous times when / what she plans to do, but she cannot refinance either loan, since she has also ruined her credit history. (we both had very good credit up until this point) I just recieved notification from the Utah Bankruptcy Court that she has filed for Bankruptcy, and my name is tied in since I am still on both mortgages. She is planning on re-affirming both loans, which still will not remove my name.
Do I have any rights here at all? Would getting an attorney even help me at this point. I would like to give her either 90 days to refi or sale the house. I feel like I am being held hostage by her.
Please let me know what you think.
Thanks.

First of all, you both cannot use the same attorney since a lawyer may ethically represent only one party in a lawsuit.

Second and final, you need to take her back to court if she is not abiding by the terms of the judgment in your lawsuit.

So, yes, get your own lawyer.