Q: I need to get an extension on the court ordered date to give my former spouse 50% of the home equity, how can I do that?
The date to give it to her is 1 Sept 2020. We filed a CH7 BR together in Sept 2019 and lenders won't let me do a Refi until 1 year after the CH 7 was discharged. So getting the 50% equity out won't be able to be done until mid Sept - mid Oct. Getting a 45-60 day extension would allow me to get it done. This is in El Paso County Colorado.
A: You can file a motion requesting an extension. You need to confer with her first and state whether she objects.
A: If this is a property settlement, then it can not be modified absent agreement of the other party. If the bankruptcy stay prevents you from taking a property settlement action, that is an exception, however if the situation is just that the bank won't let you refinance for a year, that is not an exception. However, if she will benefit from waiting given the situation, she may agree and you can file a stipulation to modify the due date.
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