Mortgage Loan - Post Divorce (California)
In my divorce I gave my ex-wife the home, yet did not realize I needed to require her to refinance the loan, so I am not on title but still on the note. She has caused many problems to my credit, including a medical bill she let go to collection for $100 while we were separated (which is only on my credit and not hers because I was the primary on the insurance), and a missed credit card payment. Recently, she forgot to pay 2 mortgage payments - one was over 30 days and hit my credit report, and the other was almost over 30 days. She was able to get that removed by lying to the bank that it was because they sent the bill to her brother's house, but the reality is that she is so irresponsible, she simply didn't notice that for 2 months she didn't write a check for her largest expense. I have asked multiple times for her to refinance - the current bank even offers a program to take me off the loan if she qualifies as an independent without charging any points or changing the terms. However, she refuses. She wouldn't even sign a letter to the bank changing her as the primary instead of me! My problem is that if she applied 2 years ago she could have used her alimony to qualify no problem. But she doesn't work, hasn't worked in 15 years, and seems to have no desire to find work, so I'm afraid now, even if she would try, she might not qualify as the child support alone is only $300 more than the mortgage payment.
Is there anything I can do to have the court force her to try and refinance, or if not, to let me make the payments out of the money I am supposed to send her? My credit is finally getting stable again and I am worried she will cause me more problems. Thank you.