My ex husband and I have been divorced since 2009. He still has my name listed on the loan of his house mortgage. If my ex sells his house, will I be entitled to receive half the monies from the sale of the house since he didn't removed my name ?
Thank you
Answer
No, that is not how it works. First off, he can't just remove your name from a loan. The only way to get a person's name off a loan is to pay it off. In the case of a mortgage in a divorce, that is almost always done by a refinance or selling the property. So unless the divorce judgment specifically ordered him to refinance the loan, or sell or otherwise pay off the loan, he is under no obligation to do so. If he was ordered to do so, and has not, your remedy is to ask the divorce court to find him in contempt. However, the court must also find that he has the ability to refinance or pay it off. Otherwise he is not in contempt. You MIGHT get the court to order a sale in that case, but not always, and even if you do, all you will get is the loan paid off.
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