Legal Question in Family Law in South Carolina
Getting Off the Mortgage
Ex-husband has the house, we both have the mortgage. I did not have a lawyer, as we had agreed to everything between us. (Mistake). The lawyer only took the case because of this, as we were both clients of the firm (his partner handled our house closing).
I signed a "quick/quit (?) claim deed. Our divorce papers state that he has sole rights to the house (agreed), but that he also has sole financial responsibility. The mortgage co. does not recognize this. After 3 yrs, he has not refinanced. He is remarried. This is tying up my credit. Does the reference to "sole financial responsibility" have any weight? What recourse, if any, do I have?
1 Answer from Attorneys
Re: Getting Off the Mortgage
Check your settlement agreement or court order to see whether former husband had a time limit to refinancing the house. If yes and it's expired, you can move the court for an order enforcing the agreement/order. If no and it's open-ended, you can advise him in writing that you will move the court for an order requiring him to refinance by a date certain if he hasn't refinanced within X days.
By the way, the mortgage company is not required to take your name off the mortgage because it was not a party to the negotiations and subsequent contract (the settlement agreement). So you're on the hook if Honey doesn't make payments. However, I assume your settlement agreement has an "indemnify and hold harmless" clause for the debts each of you assumed. Therefore, if Honey doesn't pay and you're forced to pay to protect your own credit, you can move the court to enforce the indemnity clause and to order him to reimburse you (check the agreement for an attorney fee clause, too).
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