What to do about a house after a divorce?

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What to do about a house after a divorce?

My ex-wife and I refinanced our home 8 years ago and rolled some credit card balances into the refinance. We did our own divorce a year later and she signed a quit claim deed, as she said that I could have the house and the kids. Nothing was stipulated in the divorce as far as me refinancing the house at any time. Can she force me to refinance now that our two children are over 18 years of age? She says that because her name is still attached to our loan, she is unable to get any loans with her new husband.

Asked on January 4, 2013 under Family Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Absent an agreement or order from the court mandating the sale of the subject property or its refinance your "ex" is under no obligation to force you to sell the property or refinance it. The problem for the "ex" is that until you refinance the property or sell it, her name is still on the loan.


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