Nampa, ID asked in Divorce for Idaho

Q: signed a quitclaim deed when I got divorced. Ex had 2 years to refinance the home. she has not yet. what are my options?

When my ex and I got divorced, I signed a quitclaim deed on the home and gave her everything. In the judgement for divorce, it states that she shall refinance the property within 2 years. We are approaching the 2 year mark and she has not refinanced. What legal options do I have?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Boise, ID
  • Licensed in Idaho

A: I would send her an email and ask what the problem is and why she hasn't refinanced the property yet? When she answers you, listen to what she says carefully. "Contempt" is the "willful violation of a court order." If she has tried and her credit shows that she has, yet she simply cannot get a new loan on the house, then you will not be able to hold her in contempt or even hold her feet to the "fire." On the other hand, she should gladly show you all attempts she has made, given the fact that the deadline for refinance is "looming." If she is rude and uncooperative, then I would do an Affidavit in Support of a Motion for Contempt and perhaps THAT might help her attitude.

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