What to do if my friend is divorced and his ex-wife still lives in the home which is titled and mortgaged in both names?

He is refinancing in his name only. He has been working on this for several months and finally was given a closing date of next week. The ex-wife refuses to close for 3 more weeks, even though she has had several months notice that this was coming. If he doesn’t close next week he has to re-do the loan, which will drag this out for another 30-45 days. Is he able to legally force her to come to closing or is he at her mercy?

Asked on September 21, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the presumed marital dissolution agreement and resulting judgment between your friend and his former spouse has no language stating what is to be done with respect to the impass that you have written about, there really is not anything that can be done about the situation given the press of time to conclude the paper work for the refinance other than for your friend to consult with a real estate attorney.

He cannot force the "ex" to come to the closing. Perhaps a monetary enticement might get what he wants from the "ex", namely cooperation and assistance with the close.


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