How can I forcing my ex-wife to sell or refinance our house?

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How can I forcing my ex-wife to sell or refinance our house?

I have been separated for 3 years and officially divorced for 2. Our divorce was largely uneventful and amicable; 1 of the conditions gave her up to 2 years to refinance the house we own. My name is on the deed but I signed a quitclaim. She has not made much effort to refinance and over the last 6 months has not communicated with me over this issue. What are my options? I am having trouble getting loans because it still shows on my credit. I don’t want to get ugly but want to know what I can do if she continues to ignore my requests.

Asked on January 13, 2012 under Family Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

This is one of the most common problems between couples after a divorce.  When you say one of the "conditions" I am assuming that you mean it was a term of your divorce agreement, which is a contract between the two of you.  You can sue her for breach of the contract or for compliance with the terms.  You can ask for legal advice from an attorney in your area as to what alternative relief is available, such as a modification of the contract to allow you to sell the house to pay off the mortgage and get it out of your name.  She is also in contempt of the court order.  Good luck.


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