[brokendivinity]

My ex-husband and I have been divorced for over two years.I have physical sole-custody of our 2 daughters.In our divorce decree I was given our home and my ex-husband was supposed to deed over the property.On the original deed we are both on there and he still has not deeded over the property.The mortgage company will not spaek to me,because the loan is in his name. I am on the orginial deed as a borrower however I am not part of the mortgage.my ex was paying the house note and the taxes were included as child support for two years.he also gets to claim one of our daughters on his federal income taxes.He put the insurance and house taxes on his federal return for the past two years,so the got all the money he paid me in support plus more at the end of each year.
Last month he brought me a handwritten piece of paper that stated that his lawyers said to abide by the divorce papers.He told me that from here on out I am responsible for the house note just as the papers has stated.I am totally fine with doing that being that it is for our children(although the childsupport doesn't even pay for half of the note).He let the insurance go bad and there are many damages to the home.The home is not even worth what is owed to the bank.I am a single parent raising 3 children and I can not afford to do the repairs on the house.He did not deed the house back to me he always give me a lame excuse.He really doesn't want the house either due to the damages.
I am going to have to transfer for my job soon,and find a better home for my children.The home is not safe it has floor damages and lots of mold.For all the trouble my ex-husband and his new wife has caused I wish I could just walk away and abandon the home without facing consequences.Since he has failed to deed the home over to me,what do you think my chances are of getting out from under it? I am thinking about taking him back to court and trying to deed the house back over to him.Selling it would be out of the question,due to the damages.By the way I have put some money in the home trying to keep it up,but I can't catch up on my salary.I have already put about $6,000.00 in the home through repairing the electrical,plumbing,new hot water heater,and a security system.
I'm really stuck in a rut!What would be the best thing (and the most legal) to do?

[AK lawyer]

....The mortgage company will not spaek to me,because the loan is in his name.

... I am not part of the mortgage....
He told me that from here on out I am responsible for the house note just as the papers has stated....
The home is not even worth what is owed to the bank....
I wish I could just walk away and abondon the home without facing consequences. ...

It appears that you can. If you just walk away, since you are not on the mortgage (or the mortgage note, I suppose) I don't think the bank could do a thing. It's not your obligation.

[brokendivinity]

The bank can't do anything to me really.however if I just leave I will be in comtept due to the divorce decree stating that I will pay the mortgage payments.I am afraid if I leave then he may sue me for contempt.howver he is already in contempt due to not deeding it over to me.

[AK lawyer]

The bank can't do anything to me really.however if i just leave i will be in comtept due to the divorce decree stating that i wil pay the mortage payments.I am afraid if i leave then he may sue me for contempt.howver he is already in contempt due to not deeding it over to me.

As I understand what you are saying, you were to start making the payments when he executed a deed giving you title. Tell him you no longer want title, in which case you will not be responsible to take over the payments.

If the house has deteriorated and is worth considerably less because of his neglect, and failure to give you title as agreed, the deal you made with him should be invalidated. Ask your attorney about doing this.