Q: Should I pay the closing costs for my ex husband to refinance the home in his name?
My divorce was final in July and he was award the home which we had both agreed on. He is wanting me to pay the closing costs of refinancing and I'm unsure as to what I should do. I am not wanting to pay these costs for him, however if I do not, he states he does not have the money to refinance and my name will remain on the loan.
A: The answer lies in your Divorce Decree. If it says you are responsible to help pay those costs, you are. If it does not say that, don't do it. It's really that simple. If the Decree makes him responsible to refinance, he has an obligation to do it if it's at reasonable cost and he could be subject to contempt if he does not do so. If you have questions about how to interpret your Decree or whether you may have a contempt action if he fails to refinance, you should either contact the lawyer who helped with your divorce case or another local family law attorney and have them help you review your Decree for your options. Best wishes!
A: Generally when a person is awarded the home and ordered responsible for the mortgage until the home is sold or refinanced that same person is also generally responsible for all costs associated with re-financing. What is ordered in your case depends on the specific terms of your Decree.
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