I live in Pennsylvania and have a question about what the ramifications are since my ex-husband failed to refinance the mortgage in time according to our Divorce Settlement Agreement.
We signed our Divorce Property Settlement Agreement in November 2006. We agreed that my ex-husband would get the family home, that I would sign the deed out of my name, and he had 90 days to refinance the mortgage out of my name or the penalty was that he would have to sell the house and give me half.
Long story short, I recently discovered through a credit report and calling the mortgage lender that I am still on the mortgage and my ex-husband has no financial means to refinance. I signed the quitclaim deed back in August 2007.
Also, it may be of note that the divorce decree was never filed - the judgment was entered but the affidavits of consent were never sent out for us to sign and the official divorce decree was never filed. I discovered THAT back in March 2009 and the attorneys have been working to remedy that and the final Divorce Decree should be on file any day now.
So my question is, can I enforce the terms of the Property Settlement Agreement and take my ex-husband to court and have a judge force him to sell the house per our agreement? Does it matter that I already signed the quitclaim deed and would that affect my ability to get money from the sale of the house? Also, does the error in the divorce decree filing not being followed up on make a difference? It was my ex-husband's attorney who was supposed to file for the divorce decree and "forgot".
I do have an attorney who has not been aggressively pursuing this case for me. I am looking to switch to a more supportive attorney but in the interim, I have been gathering all my paperwork, documentation, and questions in order to figure out what my options are - and posting here is part of this process.
Thanks!

