Legal Question in Family Law in Kentucky

Hello. I've been divorced since 1996 and she kept the house. She is ruining my credit because of several late payments. I've pleaded with the bank and explained the divorce decree totally absolved me from any dept or upkeep on the property. How can I get my name off of the loan. She doesn't work and will not work with me on this. What are my options and what kind of attorney do I retain? The house is in ky and i live in Wi.

Thanks

Rob


Asked on 8/30/10, 3:24 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

This is a common problem after a divorce. One spouse gets the house and either there is no time limit on refinancing or no mention of refinancing at all, and the other spouse's credit is ruined when they don't pay. Always ask the court for an order, with a specific time limit, to refinance. If you are entering an Agreed Order, make sure that language is in there.

If your final divorce decree does not order her to obtain refinancing to remove your name from the mortgage, there is little you can do. If it does, however, she is in contempt of a court order. You can take her back to court to enforce the order, and seek recourse.

As this is a post-divorce matter, contact a family law attorney who practices in the county in which your divorce was filed and see if they will give you a consultation over the phone. You can fax/mail any documents to them that you have in your possession, or they can pull from the court record what transpired. Many attorneys provide free initial consultations, but others might charge you a small fee.

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Answered on 9/07/10, 1:36 pm


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