If my name is still on the house that my ex-wife lives in and she won’t refinance it in her name, what can I do?

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If my name is still on the house that my ex-wife lives in and she won’t refinance it in her name, what can I do?

Do I still have posession of the house? We divorced in 2005 and in the decree she was supposed to get it in her name and she didn’t. I remarried 3 years later and I can’t get another house because of this. I went to her twice asking her to refinance with no good results. What can I do?

Asked on August 30, 2010 under Family Law, Alabama

Answers:

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

Answered 11 years ago | Contributor

You will need to go back to court to enforce the agreement.  The agreement is a contract between you and your ex and both of you can be held to the terms that are listed.  This is a very common situation in a divorce, where one party is awarded the house and ordered to refinance and the other executes a deed in conjunction with that.  But the mortgage lender is not a party to the agreement and they are not bound by it so anything can go wrong in the meantime.  You are going to have ton sue her to get her to comply.  You may be able to have her held in contempt of the court order as well.  Good luck.


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