My boyfriend's divorce decree indicated that his ex "shall remove his name from the existing mortgage by refinancing within 90 days of the effective date of the agreement".
Nine months later and she has not put the house up for sale. She was denied refinancing (but note, this was long after the 90 days passed). (She pays many of her payments late and therefore she probably won't be able to refinance, but his name and credit is ruined and it continues to worsen as this continues to be drawn out.) Her mother has tried to buy the house, but the loan officer hasn't been able to get her a loan. But she has never really put the house up for sale. We are afraid it will go to foreclosure or she will never remove his name until the loan ends.
What are our options?
Shouldn't there be consequences or at least some way to force her to live by the divorce decree, without making us pay for legal fees because of her irresponsibility? (We are already in debt from the divorce legal fees.) Do we have a case? Do we have a chance at having her pay for our legal fees if we pursue this? Or, can we just appeal to a civil court or justice of the peace or something?
Some notes: All has transpired in Virginia. He helped her purchase the house for her & the kids while going through the divorce (she didn't have the credit to do so on her own and was threatening to take them out of state.) She has always had, but now legally has sole responsibility for and access to the house - but his name remains on the mortgage. He relinquished his financial interest on the house and equity in exchange for her not to claim any of his pension. This was agreed upon and signed by them and the lawyers.