QUESTION

My ex-husband was supposed to refinance our home when we divorced. 2.5 yrs later he hasn't done so.

Asked on Jan 02nd, 2015 on Divorce - Tennessee
More details to this question:
When me and my ex-husband divorced 2.5 yrs ago, he was supposed to refinance the home we shared in his name solely. It says so in our agreement. I signed a quick claim deed for my half of the house. I wrote him on Dec. 3rd and asked him to complete it in 45 days and to my knowledge he hasn't done so. I told him if he didn't do this in the 45 day period, then I would take him to court. If I take him to court will they make him do this and do so within a time frame? Are there any other alternatives to court?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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There are two possibilities in your situation. One your ex has attempted to apply for refinance and was denied. Most people do not understand that divorce court has absolutely no power to make banks, mortgage companies or anyone else who has a secured interest in your home refinance or made any sort of deal whatsoever. So if you're ex demonstrates that he did in fact attempt to refinance and was denied, there is really nothing that will happen after that point as the bank cannot be forced by a divorce decree to refinance anyone. Now if he has not attempted to do so, what you want to do is file a motion for contempt for him not following the divorce settlement agreement. At this point the judge will give him a certain amount of time in which he must attempt to obtain a refinance for the home and demonstrate to the court if it was approved or denied. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/ #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate, #alimony
Answered on Jan 02nd, 2015 at 11:10 AM

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