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lisafontes01 · Joined: 11 Nov 2009 Posts: 1 1.36 Dollars($)

in divorce decree, ex spouse was to remove former wife from all mortgage obligations because he kept the home, but he still has not removed her from the contract and is preventing her from obtaining good credit due to outstanding balance on previous obligations that should have been released per agreement.

gmakerley · Posted: Wed Nov 11, 2009 3:39 pm Post subject:

lisa, i assume you are the injured party. you need to go back to the divorce court, i believe, to have your grievance aired and to get relief as required in the decree.

Guest

Hi George,
Thanks so much for your reply. I spoke to my lawyer and she said I would have to file a motion for him to sell the house. That will cost me $3000.00 retainer fee up front. I will take any other suggestions you might have.
Thanks for your time.

riseabove · Joined: 09 Nov 2009 Posts: 277 11.01 Dollars($)

Lisa,

as part of your divorce agreement, he has committed himself to remove you from the mortgage obligations. From what you've said he is now in default of that agreement, in otherwords he has failed to follow through on his commitment. Selling the house makes sense as a last resort, however surely you have some sort of right to force him to live up to the agreement other than this?

seems very wrong that you should have to front a 3K fee to get something done that is not your responsibility. Out of interest, if you do need to do this can you recover the 3K legal costs from his portion of the proceeds of the sale? If so it might not be so bad as he'll end up paying for it in the end.

gmakerley · Posted: Fri Nov 13, 2009 10:44 am Post subject:

i have to agree that $3000 is a hefty price to pay for this. i'd have to surmise that the court would rule in your favor as far as recovering that fee once the home was sold, if there's sufficient equity there.

another thought - contact the court directly (sans lawyer) and see if you can re-open the case without help so as to achieve the sale of the home, thereby saving yourself at least a goodly portion of that $3000.

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