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How would I get my ex-spouse to take over a mortgage?

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My spouse and I divorced in 2018, and we had a Quit Claim Deed and legal agreement that they would assume all debt on the property and use their best efforts to remove my name from the mortgage. They are late/at fault more often than not and I want to know if I have any legal standing to have them take over the loan, have them move so I can sell, or if there is another option

Attorney Answer

1
Michael Murphy ·
Talk to your divorce lawyer. Unfortunately this is a predictable result. The divorce paperwork should have provided a remedy for you if your ex-spouse was unable to get your name off of the loan. Unfortunately, the lender cannot be required to remove your name from the loan. You need to contact the mortgage servicing company and resume payments upon the loan (if possible). You should be subrogated to the mortgage lender's rights against your ex-spouse. You should also foreclose the mortgage loan. This can be done in the original divorce action. However it will be expensive.
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