Legal Question in Family Law in Washington
i got divorced over two years ago and in the divorce papers my ex was suposed to have my name removed from the property we bought while married either buy selling it or redueing all the loan papers it has not been done and she has been at least two to three months behind on the morgage payments which has affected my credit. is there anything i can legally do?
1 Answer from Attorneys
Yes. Hire local counsel if you at all can. Have them file a motion to enforce the decree's provision that she either sell or refinance the home and that after two years now, she has not done so and it now affects your credit.
As the judge for an order to allow you to select a listing agent, and that the property be listed for sale at a fair market price, and that this price be reduced by at least 10% every 60 days if no offers come in on it.
The problem you may have is if the home is upside down, meaning you owe more than it is worth. If your name is on the title, then you would be expected to come up with the difference so that the bank will release the mortgage. If that is not possible, one option is to ask the bank for a short sale, meaning to accept a lower price to just get the home sold and not require you to pay all or some of what the difference is that you would ordinarily owe the bank if the home were upside down.
The alternative, if possible for you, is to ask the judge to order the home turned over to you since you are the only one who can make the payment and since your credit is on the line here as well. Ask the court to give you two years to sell or refinance, just as your ex was allowed to.
Hopefully, that will allow you enough time to sell and walk away without having to pay anything. Not being sure of your exact situation, these are merely ideas that may apply to your situation, but ultimately, ones that you should explore with local counsel. Best of luck to you.