What legal action can I take if mx refuses to refinance the house even once she has remarried?
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What legal action can I take if mx refuses to refinance the house even once she has remarried?
My ex and I were separated 12 years ago and divorced 10 years later. We did the paperwork and filed ourselves. At the time of filing, she assured me that the only property listed in both names was our son’s car and that her mom and dad were on house loan, so it was not listed on divorce decree. I paid the payments in full while living there, then a portion of monthly payment once I moved out. I have now found a property and find out that even after she has
remarried she has still not refinanced and house still financed in my name. She is dragging her feet and could potentially cause me to lose this property.
Asked on June 18, 2018 under Family Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the divorce decree or settlement (i.e. a court order, or an agreement you and she voluntarily entered into as part of your divorce) requires her to refinance, you can enforce that decree or settlement by filing a legal action: the type of action procedurally varies with whether it is a decree or a settlement (in the former case, it is a motion to enforce a court order; in the latter case, a "breach of contract"--since a settlement is a contract--lawsuit). A family law attorney can help do this.
If there is no decree or settlement requiring her to refinance, you can't force her to so: only a decree or settlement would require her to refinance. If you are on the title to the house, you can compel her to sell the house--when the two (or more) owners of real estate disagree as to what to do with it, one of them can bring a type of legal action traditionally called an action "for partition" (though your state may have a different name for it) seeking a court order requiring that the house be sold, any mortgages and liens paid, and any amounts left over be distributed among the owners. A real estate attorney could help you with this option.
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