Q: Can I take legal action against my ex-husband for not refinancing the house?
My ex-husband and I have been divorced since August 2017. In the divorce settlement, which we did without lawyers, he was given the asset of the house, with the intention that he would refinance (removing me from the mortgage). Since then, he has refused to refinance every time I ask him about it. Enough is enough. Is this grounds for me to take legal action against him?
A: Assuming the settlement agreement stated he would be required to refinance, then yes. File a Motion to Enforce the Final Judgment. Serve him with the papers and you're off and running. If the settlement agreement is silent as to the refinance, you may have to file a petition to partition the real estate. Good luck!
Randy Bryan Ligh and Rand Scott Lieber agree with this answer
1 user found this answer helpful
A:
I will be happy to review your marital settlement agreement and/or final judgment executed by the court to see if you have grounds to take him back to court for a post dissolution matter. Please feel free to contact my office.
Jerome P. Ventura, Esquire
(954) 438-2828
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
