QUESTION
How do I get out from under the marital home?
Asked on Mar 19th, 2014 on Divorce - Rhode Island
More details to this question:
Divorce was finalized back in 2009 with decree stating that ex-wife either assume mortgage or sell marital home. I relocated to another state later that same year. She has attempted many times to assume mortgage by herself, as well as with others. Attempts have all been unsuccessful. It has been 5 years. I am remarried and still waiting for a resolution. She has stated that she is remarrying in August of this year and her application to assume mortgage with new husband will have more of a chance of being approved despite that fact that is was recently denied again. I cannot wait any longer, it has been 5 years. What should I do?
6 ANSWERS
Great question. In order to assume a mortgage, the Lender must approve of the assumption. Absent an approval, your alternative is to file a motion with the Court requesting the Court to Order the property sold. Good luck.
Answered on Mar 21st, 2014 at 12:39 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
If your decree was put together by a competent person, there would be a dead line by which the house has to be refinanced or put on the market. I assume there is not, which means you can either go to court and ask the court to set a deadline, the court could easily say no since it wasn't bargained for at the time or you will just have to wait.
Answered on Mar 21st, 2014 at 12:39 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Did the final document say how long she had to refinance or sell? You can file a contempt action but unless the final decree set a time limit, I doubt a court would find that her inability to refinance was intentional.
Answered on Mar 21st, 2014 at 12:39 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Wait or file a motion for contempt and have the judge make you wait until after she is married.
Answered on Mar 21st, 2014 at 12:39 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Hire an attorney and have him file a motion for contempt..if she cannot remortgage it it should be sold.
Answered on Mar 21st, 2014 at 12:39 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
File motion in trial court that Final Judgment has not been complied with by the other party, ask that home be sold.
Answered on Mar 21st, 2014 at 12:39 PM