How long do I need to wait for my ex-wife to get the home out of my name?

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How long do I need to wait for my ex-wife to get the home out of my name?

My ex wife and I finalised our divorce 3 months ago. She was awarded the house in the divorce but she needs to take care of all debts. The house is still in my name only and she has made no effort to take ownership. She is living in the home with her new husband and yet the house is in my name. So how long must I wait before I go to a court and say she is not taking possession of the home that is still in my name. Does her time line start from the actual divorce or the signing?

Asked on September 27, 2011 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

The first place that you need to look for answer is your property settlement agreement - what ever you may have called it - and then to the divorce decree issued by the judge.  If the agreement and the decree are silent then you have to consider what is a reasonable amount of time under the circumstances.  You seem to state something about "a time line" so I am guessing that there is a drop dead date, as we put it, for refinancing the property.  I would state that it may be best to calculate from the date of divorce rather than the signing of the agreement unless the agreement states otherwise.  This way you have been even more reasonable under the circumstances.  If she does not refinance by the due date then seek court help.  Good luck.


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