Shouldmy husbandsign a release deed without that proof that his ex-wife is refinancing?

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Shouldmy husbandsign a release deed without that proof that his ex-wife is refinancing?

My husband’s ex-wife wants him to sign a release deed on their property. His name is still on the mortgage, which she is supposed to be refinancing, but we have no proof yet that it is happening.

Asked on August 24, 2010 under Family Law, Maine

Answers:

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

Answered 10 years ago | Contributor

The status of the property is what I am having trouble determining at this point.  Was it awarded to her in the settlement of the divorce?  Was she awarded the house to live in for a certain time and now she wants to buy him out?  Was he supposed to execute the deed according to their divorce agreement or by court order (if he does not I would be worried about contempt or breach of contract issues).  This is a recurring problem in divorce cases where the refi never takes place and the ex continued to remain liable for the mortgage, as the lender is not a party to the divorce and is not bound by its terms.  I would seek help here. Someone needs to read the divorce agreement and let you know what your options are at this stage.  This is something that should have been thought through then but can have repercussions to you even now.  Good luck.


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