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!
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
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