Ex won't pay the mortgage...behind 5 months..

[tomas30]

What is the name of your state (only U.S. law)? Texas

This is my situation. My ex was awarded the house in our divorce decree. She was supposed to either refinance or put the house for sale by December 31, 2013. She has done neither. I just found out that the house has not been paid for the past four months and that she has moved out and left it to go into foreclosure. It is still in both our names and I dont want this foreclosure on my credit report. Would it be possible to go to court and get this house back in my name only so I can possibly sell it ?

 

[ecmst12]

If she was required to hold you harmless, you can file for contempt. She's not in contempt of the deadline to refinance or sell though. As far as the bank is concerned, they will happily take your money to bring the payment current. Did you sign a quit claim? If not, you are still a legal owner.

 

[tomas30]

Im sorry. I meant it was supposed to be refinanced or put for sale by december of 2012...

 

[Ohiogal]

Im sorry. I meant it was supposed to be refinanced or put for sale by december of 2012...

Did she put it up for sale by then? If not, file a motion to show cause on that as well. If possible and your order allows it, ask the court to modify the award of the house due to the contempt. If your order does not allow a reopening of the divorce due to the contempt or for other reasons that are met by this situation, you may be SOL.

 

[tomas30]

Thank you..