Q: My ex kept of our house in our divorce. She has been unable to refinance for going on five years. What are my options?
She claims she is unable to qualify for refinancing, but the property has been a steady rental for her. It is affecting my credit, as that is a large debt, that I have no responsibility for. It was a VA mortgage and I am the veteran.
A: Your divorce separation agreement is the starting place. There should have been discussion of when the refinance was to take place and a mechanism for sale of the real estate in the event of inability to qualify to refinance. Failure to follow the terms of the separation agreement /divorce Judgment is a Contempt matter and the Court would order payment of your reasonable counsel fees in a Contempt finding as well as set up the sale to occur. You should engage counsel at this juncture as there is no benefit to going it alone.
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