Legal Question in Family Law in Illinois

It is almost impossible to get one's name off a mortgage. Could it be that he was ordered to refinance the home? The wording of the judgment governs when you are supposed to give him the quit claim deed. It may be at the time of the refinance or at the time of entry of the judgment. The terms of the judgment are not modifiable except by agreement of the parties. They are part of a property settlement. the court can enforce the agreement but it does not have the power to modify it.

You will have to go back into court and ask the court to enforce the terms of your settlement. Its called a rule to show cause. In the meantime, do not give your ex a quitclaim deed. If you do, you will still be liable on the mortgage but have no claim or right to the property. You should always wait until your name is removed from the mortgage before giving up your rights to a property.