Q: Can I force refinance of mortgage, without divorce decree?
Divorced, haven’t lived in home for 4 years. Ex promised she would refinance, she hasn’t and won’t, mortgage company states that an assumption of mortgage cannot be done. There is no divorce decree, everything was settled privately, I took her at her word that she’d refinance . I want my name off the home, what are my options if any?
A: You have no options. Should have done a divorce decree. You can sue for partition to force a sale, and get the mortgage paid off.
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A: I don't do matrimonial law, but I don't understand how you could be "divorced" without a Judgment of Divorce and Decree that adjudicates the sale of the house. You should be enforcing your rights through the divorce decree. Go to the attorneys and start an action to enforce the agreement.
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