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?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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