Can my ex-husband force me to sell my house if I cannot refiance by myself and our decree says I will refiance when “commercially reasonable?”

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Can my ex-husband force me to sell my house if I cannot refiance by myself and our decree says I will refiance when “commercially reasonable?”

My husband signed over my house when we divorced. In our decree, it states I will refinance when “commercially reasonable.” I am attempting to refiance right now, but my ex-husband says if I am unsuccessful, he is going to get a lawyer and take me back to court and force me to sell my house since his name is still on the morgage. Can he make me sell my house?

Asked on July 5, 2012 under Family Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read your divorce decree with respect to the term "commercially reasonable" and how it is defined it at all. If the term is not defined within the decree then it means in its ordinary sense what it says, namely, that you are to refinance the home when commercially reasonable which takes into many factors such as your income and expenses, the interest rate and whether a lender will refinance the loan.

I suggest that you consult with a family law attorney about the matter before things get more difficult for you with your former spouse.


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