home sale after divorce

[sylwcia]

My ex husband and I are divorced since December11, 2007. As per the divorce agreement we both agreed that he will keep our home and will pay my share in March and refinance the mortgage to get my name out also in March. My ex has paid me out on time, at that time I have signed paperwork to transfer deed to him. However, he did not take my name out from the mortgage until today. I have filed a motion in court in June asking the judge to reinforce the divorce agreement. The judge has ordered my ex to refinance within 30 days from August 12th, 2008. If he fails to do that, he gave me the right to sale the house. My ex still hasn't refinanced. My credit has suffered tremendously since at one point he didn't pay his mortgage for 4 months. I have purchased another house for me and my daughter before the credit history got bad, but I'm not able to apply for any credit due to a bad credit history and due to the fact that I have two mortgages on my name. My ex was told by the bank that he doesn't qualify for easy mortgage assumption due to poor credit and the only way for my name to be out of his mortgage is by selling the house.

How do I proceed from here? My ex doesn't want to sell his home. However, I refuse to be on his mortgage since it hurts my credit and financial stability. I was told by a real estate attorney that I should go back to court and file a motion requesting the power of attorney to execute the sale. What if the house is sold and he doesn't want to move out? Can the court force me to stay on mortgage for his benefit? Please help as I don't know how to proceed from here.

[jen78]

Hi, are you in the US due to the phrasing used? If so, this is a mainly UK site so you might get an answer quicker and more suited to US law on somewhere like Yahoo answers.