How to get my ex-spouse to either refinance or sell our former home?

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How to get my ex-spouse to either refinance or sell our former home?

I got divorced; it was finalized on 11/15/10. My ex-husband is living in the house. Bothof our names are still on the title. He refuses to refinance the house and give me half of the equity. He said there is no equity, which is lie. I paid 7 years of the mortgage with him. I’ve moved out already. Our divorce done without an attorney; both of us agreed to written agreement that we had typed up. I wrote it, we both signed it, and we had it notarized. The agreement stated that he would refinance by10/10 and would give me half of the equity. What can I do?

Asked on February 7, 2011 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Finally get an attorney.  Bring your agreement to him or her to review and to make sure that it complies with the laws in your state.  If it does, then it is a contract and you have a right to enforce the contract in a court of law.  That means suing him again.  Since the agreement is probably not incorporated in to any order of the court you can not sue him for contempt.  If the agreement is unenforceable under your state law (if it is found to be unconscionable or against public policy, etc.,) then you can ask the attorney about suing him in an action for "partition" which requests that the court divide the property equally.  What happens in that case is that the court orders the property sold and the proceeds split as you can not really divide that type of asset in half.  Good luck.


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