Legal Question in Family Law in Washington
My ex-wife still has me on the loan for the mortgage to the house she was awarded in the divorce. Its been three years. What should i do?
2 Answers from Attorneys
What did the decree say about getting your name off the financing? If it specifies that she is to do that and the time has passed that the decree provided her to get it done you can do a motion to compel her performance or other alternative remedies.
If the decree of dissolution does not address what should be done in the event your wife cannot refinance the home, and your name remains on it, thereby preventing you from being able to finance you own place, or if your wife's payment history is hurting your credit rating, then you may also be able to bring a motion to modify the decree to address this issue.
It make be a long shot, but if your decree does not address this situation, it may be your only shot at fixing this situation.
I am going to assume for purposes of this answer that you and your ex-wife are either not on speaking terms or she refuses to refinance or sell to remove your name from the mortgage. If I am wrong, then before you start with litigation and motions, first talk to her and see what you can work out. If you can work it out, that will literally save you thousands of dollars in attorneys' fees and time you would otherwise waste in litigation.