EX paying joint mortgage late


#1

My husband and I were divorced in Dec 2012. However, we never settled equitable distribution, which only consisted of a joint owned townhouse in Virginia, where he currently lives. I reside in NC. He was ordered to pay support for a year, which he only paid for six months. The bigger issue is since the divorce he has nearly consistently paid the mortgage payment one month behind, which is negatively impacting my credit. I cannot afford to make a payment to catch it up, and even if I could I’m confident he would just skip a payment and go back into arrears. (He has done that at least once in the past three years.)

My question is: What are my options? I would like for him to either refinance or sell the townhouse to get my name off the mortgage. He is notorious for not answering emails or returning phone calls. When we divorced, he did not even communicate or respond to my attorney. Nor did he attain representation. So any hope of cooperation from him is nonexistent. I would just like to know what options are available to me.


#2

Since he is ignoring your attempts (and your attorney’s attempts) to address this issue, it sounds like you need to sue him for equitable distribution. The judge has the authority to force him to sell the home or refinance the mortgage.