Compel spouse to refinance

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Compel spouse to refinance

I am on several mortgages with my ex wife. I am now trying to buy a property and I’m unable to because of these mortgages. I am not on title to any of the properties and she is paying all of the mortgages per our divorce decree.

Asked on June 4, 2009 under Family Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should call the attorney who handled the divorce to inquire as to whether this was ever discussed or agreed upon during the divorce proceedings. Also review the terms of the divorce to see if anything about this was mentioned or addressed. If not than really its a matter of you and your ex agreeing to take you off the mortgage

Try to amicably do this and if she refuses i would consult with your attorney ask them what methods they recommend and if it must be brought to court. If so you may need to start an action to compel her and it may also be helpful if you contract with her to pay all refinancing fees if she is hesitant this may persuade her to cooperate. The fees may end up being less than the attorney so you may be benefited by simply trying this first.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This sounds like a complicated situation.  A lot is probably going to depend on the divorce decree;  without seeing that, and since I'm not a California lawyer, I can't give you advice.  You need to have all the facts of your situation reviewed by an attorney in your area, to find the best way to deal with this.  I'm not sure there is a way to deal with this well, but I'm very sure that there's more than one wrong way to go about it, and mistakes in this sort of thing tend to be very expensive.

One place you can look for a qualified divorce lawyer is our website, http://attorneypages.com


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