Legal Question in Family Law in Arizona
how to force ex-husband to refinance mortgage in his name
My divorce decree states my ex-husband is to be responsible for our mortgage, and I am to sign over the deed to him. However, it does not state that he is to refinance it so that my name is taken off the account (the lawyer I paid to draw up the papers neglected to add that statement). I've been divorced two years, and the mortgage hasn't been refinanced, so I never signed over the deed. Meanwhile my ex has neglected the house, did not pay the mortgage for four months, and has ruined my credit rating. Additionally,he avoids wage assignment for child support by quitting each job as soon as I find out where he works. He has a college degree, and can easily find a professional job. What can I do about either forcing him to refinance the mortgage or sell the home, and clear my credit rating? Can I have both concerns taken care of at one hearing, and if so, how do I go about it?
1 Answer from Attorneys
Re: how to force ex-husband to refinance mortgage in his name
You could file what is called a "Petition for Order to Show Cause", and ask the Court to (1) Order him to refinance or sell; (2) send him to jail for non-payment of child support. As far as cleaning up your credit, please know that only you can do that, through letters explaining what occurred.
I cannot teach you all the steps required via this e'mail. Please contact me directly if you would like to discuss representation.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
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