Ex Received the Marital Home but Didn’t Make Payments

Question:asa neff attorney new york

My ex-wife received the house after our divorce. It was originally in my name.

I just learned that she quit making payments on the house and never refinanced to her name, which was the agreement. After that, the house was foreclosed on and sold for less than it was worth.

Recently, I was sent a form to make payments on what was still owed. Is there a way to get out of this?


Thank you for your question. While I do not practice law in your state, and cannot speak specifically to the laws there, I can give you some general information that I hope will be useful.

A lot of the issues involved in your situation depend on what form your divorce took. Was it a decision by a judge after a trial, or was it an agreement between you, written by attorneys, which was later reduced to a judgment of divorce by the court?

If your ex received possession of the house and the house was in your name, there should have been language that your wife was to remove your name from the house and be responsible for any carrying costs (mortgage, taxes, utilities, etc.).

Also, you should look for what is called “hold harmless” language. The hold harmless would make your wife responsible for any liability which comes from her violating the agreement to pay for the house.

With or without the hold harmless language, it is likely that your wife is in direct violation of the divorce order. You are being harmed by this violation and can therefore bring a violation action against her.

You will want to consult an attorney for this as preparing the appropriate documents is complicated, but it is possible that she could be responsible for your attorney fees, if her violation of the agreement is found to be willful.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York divorce lawyer Asa Neffcontact Cordell & Cordell.

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