QUESTION
How long do I have to wait for my wife to take me off the mortgage and what is considered yearly good faith?
Asked on May 05th, 2013 on Divorce - Illinois
More details to this question:
After the divorce, my spouse was granted the home under the condition she takes my name off the mortgage. This is how it was worded: "Wife shall attempt to make yearly good faith efforts to refinance the home so as to remove the husband from the current debt obligation associated with the mortgage.” It’s been 3 years and I am still on the mortgage. I know she only tried one place in 3 years.
9 ANSWERS
The language of the decree is imprecise. If it not possible for your former wife to refinance the mortgage because of economic circumstances, the court may give her additional time. After considering all of the circumstances, you can petition the court to modify or clarify the provision regarding the mortgage.
Answered on May 10th, 2013 at 3:06 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Yearly good faith would typically mean that she should have to apply annually to try to get the house refinanced. You may want to consult with an attorney.
Answered on May 09th, 2013 at 3:35 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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In South Carolina the procedure would be to file a Petition to Show Cause. She would have to come to court and prove that she has complied with the court order to make good faith efforts to refinance the house.
Answered on May 09th, 2013 at 1:35 AM
Your description of her activities does not constitute good faith. You should bring a motion to require her to either refinance now or turn the home over to you. You should consult a family law attorney for assistance with the motion.
Answered on May 07th, 2013 at 1:24 PM
Personal Injury Attorney serving Gretna, LA
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Greenberg and LaPeyronnie, LLC
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Set a rule to show cause why your wife should not be ordered to comply with this term of the property settlement agreement. The court can order her to apply for refinancing, but if she doesn't qualify, the court cannot order a financial institution to refinance.
Answered on May 07th, 2013 at 1:24 PM
Family Law Attorney serving Washington, DC
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Crowley, Hoge & Fein, P.C.
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How long do I have to wait for my wife to take me off the mortgage and what is considered yearly good faith? There is no time limit - this will be fact-driven, i.e., if you were to return to court and ask a judge to take action for your wife's non-performance, the judge would want to know what efforts she can show to prove that she has complied with the requirement that she has attempted to make yearly good faith efforts to refinance the home so as to remove your name from the current mortgage. I suggest this person send a letter to the ex-wife explaining that he believes she is not in compliance with the requirement to make annual good faith efforts to refinance, and if she does not send proof in the form of written applications, he will take legal action.
Answered on May 07th, 2013 at 1:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yearly good faith implies that she attempt to refinance at least yearly. You might be able to drag her back into court and force a sale of the property. No guarantee.
Answered on May 07th, 2013 at 1:24 PM
Yearly would mean at least one application per year. Maybe she can't qualify alone. So what do you want to have happen?
Answered on May 07th, 2013 at 1:23 PM
You need to petition the court for enforcement of the final divorce decree or in the alternative request that the court order her to sell the home.
Answered on May 07th, 2013 at 1:23 PM