Q: Divorce dispute: refinancing home and retaining ownership

A: I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.

Your divorce agreement required you to refinance the home within nine months, but your ex-husband waived all property rights to the house. This waiver is significant because it indicates that he no longer has a legal claim to the property, yet he is actively pursuing its sale. If the divorce decree awarded you the home outright, and your ex-husband waived any interest in it, then his involvement in forcing a sale may be improper unless there are additional court orders modifying the original agreement.

Since a court-appointed receiver is now involved, it suggests that legal action has been taken to enforce the refinancing provision in the divorce decree. Typically, a receiver is appointed when one party fails to comply with a court order, such as refinancing or selling marital property. However, the fact that you have made continuous mortgage payments and actively attempted to refinance may work in your favor if you can demonstrate good faith efforts to comply with the agreement.

Your first step should be to file a motion with the court requesting a modification or extension of the refinancing deadline due to circumstances beyond your control. Courts have the authority to modify divorce agreements if a party can show substantial hardship or an inability to comply despite reasonable efforts. You should present documentation of:

--Your attempts to refinance, including applications and correspondence with lenders.

--Your employment history and job losses due to court-related absences.

--Your medical condition and financial impact from cancer treatment.

--Your consistent mortgage payments, showing that you have maintained financial responsibility for the home.

You may also want to challenge the receiver’s plan to sell the home below its appraised value. If the court’s goal was for you to refinance rather than force a sale, you could argue that selling the property at an unfair price is against your interests and the intent of the divorce decree.

Since your ex-husband waived property rights, he should not have standing to interfere with your ownership. If he is pressuring the receiver or influencing the process, you should raise this issue in court.

Given the complexity of your case, consulting with a New York family law attorney who specializes in post-divorce modifications and property disputes would be highly beneficial. An attorney can help you file the necessary motions and argue that the circumstances warrant a delay or adjustment to allow you to retain ownership.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.