Can I do anything in the legal sense to make my ex refinance?
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Can I do anything in the legal sense to make my ex refinance?
I signed a form about 5 years ago, i
forget what its called, so my ex could
refinance and get our house out of my
name and solely in his. How can i get
him to refinance?
Asked on March 12, 2017 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is no way to force him to refinance unless by "ex" you mean an ex-spouse *and* the divorce settlement, decree, etc. specifically states he must refinance. If so, you can enforce that agreement (by a lawsuit for breach of contract) or court order (by a motion for contempt). But otherwise, no, you can't force him to refinance. What you can do is if you are on the title as well as the mortgage, you can bring a lawsuit or legal action "for partition" in chancery court, in which you seek a court order that the property be sold and the proceeds of the sale be distributed or split between the two of you. That is the law's remedy for when the owners of real estate cannot agree as to what to do with it. The action could be settled by him voluntarily agreeing (in writing, so it's enforceable) to refinace within a certain time, if that is acceptable to you and if he chooses to do it. This type of legal action can be procedurally complex; you are strongly encouraged to retain an attorney to help you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is no way to force him to refinance unless by "ex" you mean an ex-spouse *and* the divorce settlement, decree, etc. specifically states he must refinance. If so, you can enforce that agreement (by a lawsuit for breach of contract) or court order (by a motion for contempt). But otherwise, no, you can't force him to refinance. What you can do is if you are on the title as well as the mortgage, you can bring a lawsuit or legal action "for partition" in chancery court, in which you seek a court order that the property be sold and the proceeds of the sale be distributed or split between the two of you. That is the law's remedy for when the owners of real estate cannot agree as to what to do with it. The action could be settled by him voluntarily agreeing (in writing, so it's enforceable) to refinace within a certain time, if that is acceptable to you and if he chooses to do it. This type of legal action can be procedurally complex; you are strongly encouraged to retain an attorney to help you.
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