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    nickymack's Avatar
    nickymack Posts: 1, Reputation: 1
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    #1

    Sep 18, 2013, 04:17 PM
    What to do if ex won't follow divorce decree?
    Decree dictated my ex wife pay mortgage after May 2013. She made June and July payments then stopped. I've made August and September as house and deed are solely in my name and I don't want my credit hurt. I live in Indiana. What are my options and "likely" outcome?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 18, 2013, 04:44 PM
    Have your lawyer petition the court for her refusing to keep up her end...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 18, 2013, 04:49 PM
    Ask the court to force to obtain a new mortgage and buy you out.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 18, 2013, 09:25 PM
    Quote Originally Posted by ScottGem View Post
    Ask the court to force to obtain a new mortgage and buy you out.
    The court cannot order a bank to agree to a re-fi. But it could require her to make a good faith effort to apply for one.

    I don't understand what the divorce court was thinking, giving her possession of the house (evidently) and requiring her to pay your mortgage. Is there anything in the decree giving her an interest in the house?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 19, 2013, 03:15 AM
    Quote Originally Posted by AK lawyer View Post
    The court cannot order a bank to agree to a re-fi. But it could require her to make a good faith effort to apply for one.
    Exactly. But this wouldn't be a refi. She would have to obtain a new mortgage in her name and he would have to transfer the deed.
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