Legal Question in Family Law in Florida
Joint Credit transfer
We divorced in 1999. In the divorce I gave my ex the house and the car. The decree states she is responsible for them and their payments. The house is an assumable mortgage. I gave her the paperwork for the Quit Claim Deed, but she has not filed it. How can I get my name off of the mortgage and the car. She is slow paying and it is effecting my credit.
Thank you
JB
1 Answer from Attorneys
Re: Joint Credit transfer
This response is pursuant to South Carolina law only. You never said whether the divorce order requires her to take steps to have your name removed. If it does, then you can take her back to court on what is called a, Rule to Show Cause. You would then ask the court to enforce the original order. Otherwise, you can still take her back to court since the original order states that she was "responsible" for the payments. If she is making her payment late, then she is not being "responsible" for them. The next time in court, you need to seek an order requiring her to take action to have your name removed. Good luck.
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