Can I make my ex refinance the home?
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Can I make my ex refinance the home?
I have been divorced for over 2 years. We bought a house together when we were married. He was awarded the home in the divorce and all responsibilities that go along with it. He will not refinance to remove my name. I haven’t lived there for over 2 years. What can I do?
Asked on September 26, 2011 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. This is really one of the most common things that happens after a divorce. And really how your agreement speaks to the issue may govern here. Some agreement state that the spouse that is awarded the house has to refinance with in a certain time. If they can not or do not then it could be seen as a breach of the agreement and the other spouse - that would be you here - can ask the court for modification based upon a variety of legitimate reasons: not making mortgage payments; ruining credit, etc. So I think that you may need to speak with an attorney in this matter. Good luck.
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