What can I do if I have been diorced 3 years buthusband hasn’t refinanced to remove my name from the mortgage?

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What can I do if I have been diorced 3 years buthusband hasn’t refinanced to remove my name from the mortgage?

Asked on October 14, 2011 under Family Law, South Carolina

Answers:

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

Answered 9 years ago | Contributor

This is probably one of the most common problems with divorce agreements that call for one spouse getting the house and the other having to refinance in their name.  At one point in time it was probably not that difficult to obtain a mortgage alone but the times have changed drastically and this "standard" provision needs to be re-thought by attorneys and parties alike.  You need to read the agreement that you entered in to as a whole and you need to figure out what your options are.  Either make a motion to hold him in contempt of a court order or breach of contract or to enforce the contract.  If he can not refinance then you have to come up with an alternative for the judge to look at.  Good luck.


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