Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?
In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my credit in November 2024, and the mortgage is currently in forbearance. The original dissolution agreement did not specify any penalty for non-compliance with the refinancing requirement or detail what would happen upon the sale of the house; it simply stated he would get the house. Recently, I discovered that he has listed the house for sale. Given these circumstances, is it possible to amend the dissolution paperwork to include a portion of the proceeds from the sale of the house for me?
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- Ohio
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- Answered
A:
Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.
If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to refinance or even pay the mortgage, it's unlikely that he would be able to pay any sanctions to you for breaching the dissolution.
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