Q: What can I do about an ex husband who refuses to refinance the house we shared and remove my name?
We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any major purchase really. Is there a possibility I could get the house back if he doesn't refinance in his name?
A: You would nee to hire a family court lawyer to take you ex-husband back to court to force the refinancing of the home. Get a consultation with a lawyer in your area to review your divorce decree and to advise you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Based on the situation described, here are some potential options and considerations:
1. Review the divorce agreement: Check the terms of your divorce decree or settlement agreement. If it specifies a timeline for refinancing or removing your name from the mortgage, your ex-husband may be in violation of the court order.
2. File a motion for contempt: If the divorce agreement required your ex-husband to refinance and he hasn't complied, you could file a motion for contempt with the family court. This asks the court to enforce the terms of the divorce decree.
3. Seek a court order: If the refinancing wasn't explicitly addressed in the divorce agreement, you could petition the court for an order requiring your ex-husband to refinance or sell the property.
4. Negotiate: Try to negotiate with your ex-husband, possibly with the help of a mediator. Explain how this is affecting your financial situation and ability to move on.
5. Forced sale: In some cases, the court may order the house to be sold if your ex-husband cannot refinance to remove your name.
6. Quitclaim deed: While this won't remove you from the mortgage, ensuring you've filed a quitclaim deed to remove your name from the property title can protect you from some liabilities.
7. Credit report dispute: Ensure the mortgage is being reported correctly on your credit report. If payments are being made on time, this should be reflected.
8. Consult a local attorney: A South Carolina family law or real estate attorney can provide more specific advice based on local laws and the details of your case.
Regarding getting the house back, this would be unlikely unless it was specifically addressed in your divorce agreement or if your ex-husband has defaulted on the mortgage payments. However, you might be able to force a sale of the property through court action if other options fail.
Remember, while you're still on the mortgage, you're legally responsible for the debt, which is why this situation is impacting your ability to make other major purchases.
I'd recommend consulting with a local attorney who can review your specific situation and provide tailored legal advice. They can help you understand your options and the best course of action based on South Carolina law and the details of your divorce agreement.
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.
