I am panicking.
Here are the facts:
-Separated in 2010. He has lived in the marital residence since then.
-Divorced in 2013. The house was awarded to him - he was to refinance and I was to do a quick claim deed. I did not do QCD since I was waiting for him to refinance it never happened.
-He has stopped seeing the children since January of 2019.
-He has stopped paying child support since February of 2020.
-Last year he allowed a lien to be put on the property due to unpaid HOA dues. I filed a partition of the property and lost. The judge decided to drop the case since he has lived there and paid the mortgage since 2010. Thankfully at the last minute he paid off the lien.
-Now he is starting to allow the mortgage payments to bounce. I called the bank a month ago, they requested the divorce document which states that I am to be held harmless to any debt that he accrues on the house. The bank never got back with me. I called again today and they told me the only option is for him to refi or do a qualified assumption which are based on income and credit…to my knowledge he is not working and I am fairly sure he has maxed out credit cards, retirement etc. The bank told me the ONLY way to get my name off the loan (if he does not have a job or good credit) is to take him to court and hold him in contempt.
My dilemma is that is this true? I cannot afford to hire a new attorney to take him to court again. Considering I lost the last time and had to foot that bill. If I do decide to hold him in contempt for not refinancing can I also take him for removal of rights and child support? Is there even an option to force him to sell the house and I get the child support from the equity? I dont know what to do at this point. I cannot lose again.