What to do if our divorce decree ordered my ex-wife to refinance butshe still has not?

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What to do if our divorce decree ordered my ex-wife to refinance butshe still has not?

I have been divorced from my ex wife for 4 years. My 72 year old father helped my ex and I out 8 years ago with the refinance. The past few months, my ex has been late on the payments and the mortgage company is calling my father and I wanting to know where the payment is. The other problem with the refinancing is that my ex has gotten into some IRS woes and now they have slapped a lien on the house. This is her excuse for the refinance. The equity in the house, even in this horrible market, will be more than enough to pay off the IRS. Is there some way the IRS can encourage the house to be refinanced so that they can get paid?

Asked on October 4, 2011 under Family Law, North Carolina

Answers:

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

Answered 12 years ago | Contributor

This is probably the most common problem when it comes to divorces and the issue of who gets the house and the real fall out about the asset in the end.  The issue is really not eh IRS lien - although it is an issue in some sense.  It is how much she makes and the debt to income ratio and the like in order for someone to consider her ok to lend to to refinance.  The lender was not a party to your divorce and is not bound by our agreement.  They are bound by the agreement that you made with them when you refinanced.  Now, I am assuming here that only your wife is on the deed but that the three of you are on the mortgage, correct?  Your wife is in the cat position in this and and mouse game I am afraid.  But I do not think that you have to sit and wait to be eaten alive.  Some one needs to read your divorce agreement and see what it says as to time frames for refinancing and what happens if she does not.  If the agreement is silent you may need to challenge it in court and state that she is in breach.  then "reasonableness" will prevail in time frames.  You can force her hand or ask for that portion of the agreement to be set aside and ask the courts to sell the house.  Good luck.


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