Legal Question in Family Law in Oregon
ex-wife not filfilling her divorce obligations
I was divorced last year, and my ex-wife kept the house, which included the home equity lone of $34,000.00. She refuses to refinance or sell the home to remove my from liability from that loan. I can not use my credit, as it is still tied up in that loan. I can not buy a home for myself, or a new car, and I have even been turned down for a credit card because she didn't pay on the loan, racking up 5 months of ''late'' notifications on my credit report. 2 attorneys have told me that there is absolutely nothing that can be done about this. Is this true? Do I really have to live without my credit for many years to come?
1 Answer from Attorneys
Re: ex-wife not filfilling her divorce obligations
Much depends on whether the property is still jointly owned (or whether the divorce judgment expressly granted title and ownership to wife).
If the property is still legally owned jointly by both parties,
ORS 107.105(6)says:
If, as a result of a suit for the annulment or dissolution of a marriage or for separation, the parties to such suit become owners of an undivided interest in any real or personal property, or both, either party may maintain supplemental proceedings by filing a petition in such suit for the partition of such real or personal property, or both, within two years from the entry of the judgment, showing among other things that the original parties to the judgment and their joint or several creditors having a lien upon any such real or personal property, if any there be, constitute the sole and only necessary parties to such supplemental proceedings. The procedure in the supplemental proceedings, so far as applicable, shall be the procedure provided in ORS 105.405 for the partition of real property, and the court granting the judgment shall have in the first instance and retain jurisdiction in equity therefor.
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