If Iam divorced and my ex-husband lives in the house which is still in both our names, canI force him to sell or refinance so I can get my name off of the loan?

Asked on November 9, 2011 under Family Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am a little confused here.  What does the marital asset distribution state as to the house?  Did he get the house? How did that go?  I am going to have to assume the following facts: that the house went to him with the contingency that he refinance in his name and that you received some other asset of the marriage instead.  If he is in violation of the agreement and has not refinanced with in a reasonable amount of time then yes, consider taking him back to court and asking to enforce the agreeent  - hard to do - or modify the agreement to allow you to sel the house. You need to have an attorney review your divorce documents to let you know how to proceed.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.