Question by Skye C: Legal question under Oklahoma law: does this verbiage in this divorce decree offer me any protection?
In my divorce decree (already final) wherein my husband received the house, yet my name was not taken off the mortgage, does the following statement offer me any protection at this point? “he take such subject to his payment of all indebtedness currently owed thereon, which he is to hold Petitioner (me) free and clear of all loss or liability therefore.” Besides kicking my attorney in the nuts for my name still being on the mortgage, I am trying to find a remedy to this situation by possibly holding my ex in “contempt of court” for not making his mortgage payments on time and ruining my credit. I am hoping this will force him, or his parents who always bail him out, to do SOMETHING. I am desperate to move forward with my life. I’ve posted this question before, but wanted to try one more time from this new angle. I am meeting with attorney next week. Thanks in advance if you have any knowledge to share with me.
Best answer:
Answer by wizjp
uh…apologize to your atty. He can’t “take” your name off a mortgage. Ask your lender.
That clause relieves you from any responsible legal action should the mortgage go into default; a hold harmless as it were.
Court does not specifically order him to refinance it based on what is here.
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