My ex-wife and I divorced 4 years ago. We were in agreement she would keep the house and payments. It was court ordered for her to be liable for the mortgage. Now she continues to be late and stays behind. We signed a quit claim deed right after the divorce. She is saying she cannot get the mortgage in her name ( both of our names are on the mortgage now). Is she in contempt of court? And since we signed the quit claim deep,and she was court ordered to pay mortgage, is there anything I can do? The mortgage company is callling me constantly. Thanks all !

1. pay the mortgage and sue her in family court for the repayment

2 take her to court for contempt for paying late

3. offer to buy the house back

If she has made a good faith effort to refinance the mortgage and has been refused, then she is not in contempt. The mortgage holder is under no obligation to honor the divorce order.

By signing the quit claim deed, you could have triggered the due on sale clause and caused the entire balance to be immediately due.

A Court Order cannot change the terms of your mortgage. As far as the mortgage company is concerned, you are both responsible.

FrChuck's ideas are sound (as is Scott's advice).