Your Legal Questions Answered
How do I get my name off a house that was given to my ex-husband in the divorce? We got divorce almost two years ago and since he was violent, and I could not afford the house I let him take the house and all the loans and debt that went with it. I gave up any claim to the house if he sold it and everything. Well, a year later he started bringing his new pregnant woman he cheated on me with to the house with her daughter and they now live in the house. I have asked several times for him to remove me from everything associated with the house, but he has not. It is still on my credit and my name is still on all the house paperwork. I would like to be off the loan and house so I can move on and not be stuck in a bad place if they stopped making payments. Also, it almost feels like I am supporting their new family with my name still being the reason he has the house and has not refinanced. I too would like to buy a home within these two years because I am trying to have a child soon of my own. I do not know what to do to get this over and done.
Under Colorado law, the process of removing one's name from a house and its associated mortgage after a divorce involves a few key steps, primarily centered around the execution and enforcement of the divorce decree or separation agreement. Given your situation, where the house was awarded to your ex-husband in the divorce settlement, and you have relinquished all claims to the property, the primary concern is to ensure that the legal and financial separation of the property (and its debts) is fully implemented.
Steps to Take:
Review the Divorce Decree or Separation Agreement: Initially, it's crucial to review the specific terms outlined in your divorce decree or separation agreement. This document should detail the division of marital property, including the home, and stipulate the responsibility for debts and loans. If the agreement clearly states that your ex-husband is to assume full responsibility for the mortgage and requires him to refinance the mortgage solely in his name, this serves as your legal basis for action.
Refinancing Requirement: Typically, to remove one party's name from a mortgage after a divorce, the individual retaining the property must refinance the mortgage in their own name. This process pays off the existing mortgage, effectively releasing the other party from their financial obligation. If your separation agreement or court order specifies that your ex-husband must refinance the property, he is legally obligated to do so within the timeframe stipulated by the court.
Legal Enforcement: If your ex-husband fails to comply with the terms of the divorce decree or separation agreement by not refinancing the mortgage to remove your name, you may need to take legal action to enforce the agreement. This could involve returning to court to file a motion to enforce the divorce decree or separation agreement. The court has various mechanisms at its disposal to enforce its orders, including contempt of court charges against your ex-husband for non-compliance. The court may order the property sold, award you your attorney fees for brining the motion, and further compel the refinance of the home within a certain period of time.
I would recommend reading our articles "Enforcing the Terms of Your Separation Agreement" and "What You Need to Know about Contempt of Court in Colorado Family Law Cases." If you believe you have grounds for a contempt action, the court provides forms which you can find here. If you would like to speak to one of our attorneys to discuss your case and your options in detail, including the cost of representation, please contact us.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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