If my husband has a house with his ex-wife and his is the only name on the mortgage but both are on the deed, how can we get her to refinance?

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If my husband has a house with his ex-wife and his is the only name on the mortgage but both are on the deed, how can we get her to refinance?

She is living there now and we want her to get her own mortgage for the house or sell it. She is refusing. Is there anything that we can do?

Asked on November 30, 2012 under Real Estate Law, North Carolina

Answers:

eric redman / Redman Ludwig, P.C.

Answered 8 years ago | Contributor

depends somewhat on what the divorce decree says.  if it says nothing about it, then they are co owners and he could file an action to dissolve the "partnership" that now owns the house(him and her).  a cour tcould order it sold or refinanced.  maybe he could go back to divorce court and get some kind of order as well


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