Legal Question in Family Law in Kentucky

More on Unfair Judgement

Sorry my last was so unclear. Basically my ex and I both owned a home together. We were both on deed but ONLY he was on the mortgage. The judge ordered that we both sign a quick claim so the property would then go to me. Problem is that he is on the mortgage and not me. There was nothing in the decree that stated I had to secure a mortgage however I did try but was denied due to poor credit rating. Now my ex has filed a motion in contempt because I�ve not been making payments on the mortgage but there was never an order for me to do so. The decree was so arbitrary I�m fearful what may happen in court. I had a two real-estate attorney�s look over the quick claim and the decree and both were shocked as to how the judge would even allow either to be entered. Basically after nearly 4 years in court this particular judge wanted more then anything to just get this case off book.


Asked on 8/15/08, 1:00 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: More on Unfair Judgement

You do have an odd situation. Technically, a judge cannot hold you in contempt for something she or he never ordered. The judge may clarify what they meant by that order.

The next step though is what do with the house. If you are living there, your need to be paying paying the loan. If not, then it need to be put up for sale. Whether or not your name is on the loan/mortgage, the judge deemed this a marital debt. Your name not being on the loan only keeps your credit from being wrecked and the loan holder from going after you personally if the house forecloses.

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Answered on 8/15/08, 3:41 pm


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