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WA Am I Still Responsible for Ex's Mortgage Payments After Divorce?

Discussion in 'Family Law Forum' started by Laura P, 27 November 2015.

  1. Laura P

    Laura P Member

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    Good morning and thank you for taking the time to read about my situation.

    I guess I am trying to find out if I would still be responsible for my ex-husband's mortgage payments, even though we have been divorced for almost three years now. My worry comes from the fact that he has not yet taken my name off the mortgage, although the court has ordered him to do so.

    Our divorce was quite straight forward (we didn't have children, he owns a bar and has a decent income, whereas I could never afford the payments). My main goal, however, was to be free, as his financial carelessness stressed me a lot during our marriage (lasted almost 5 years). In the divorce settlement, we agreed for him to keep the house and the car and for me to get $20k to buy myself another car. Now, almost three years later, I still get monthly statements from the bank with the amount of money I owe (which is huge, as I live in Perth).

    Also, about three weeks ago, I received a call from someone at the bank who told me that there was an outstanding amount (about $300) and had to be paid right away. (They rang me as they couldn't get ahold of my ex; also they know about the court order but said that until my ex takes my name off the mortgage, I'm still responsible for it). Whenever I talk with my ex about taking my name off the mortgage, he tells me the same thing: that he will do it, but he has postponed it as he would have to refinance which means a costly and complicated process (his business is not doing that well anymore and he thinks he might not even be allowed to refinance).

    So, this is it. Where does this situation leave me? If he drops dead tomorrow, will the bank come after me?

    Thank you again
     
  2. JS79

    JS79 Well-Known Member

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    Laura,

    You will need to lodge an application with the Court to be heard in regards to him failing to follow the court orders.

    Contact your lawyer who dealt with your divorce or see Get Connected with the Right Lawyer for You to find a local family lawyer who will be able to help you with your application.
     

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