Location: California, USA
I was legally divorced in 2024. As part of that agreement, my ex had 2 years to remove me from the mortgage either by refinancing, selling, assuming the current loan (7/1 ARM), or paying it off. In the agreement, it’s clear she owns all debts and costs associated with the home.
It was extremely important for me to be financially separated from her as it’s one of the reasons we got divorced.
In the agreement, I’m not held liable for any debts or costs for the home. HOWEVER, I think that’s just nice wording and if she were to default on the mortgage, the banks & credit bureaus wouldn’t give a shit and would come after me as well (despite the agreement and not having lived there since 2023).
This is all why it’s very important to me to be legally off the mortgage, title, and deed. That deadline is coming up in \~2 months. She is notoriously non-compliant in our agreement. Separately, she actually has a financial incentive not to comply - the mortgage is a 7/1 arm taken out in 2021, so a refinance would be much more expensive (I’m assuming a loan assumption is very difficult). I frankly don’t care how I’m off the mortgage - I just want it done.
My question: what steps should I take today to make sure she’s aware of this deadline? In the agreement, it says the Family Law Department retains jurisdiction over this. So if she doesn’t comply, do I then have to go to court to get a contempt of court order against her?