Real estate divorce question

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Real estate divorce question

My spouse and I got a divorce last year. I got the house in the divorce. Her name is still on the mortgage however, and now she wants her name removed and is threatening to sell the house from under me or get an attorney to force me to sell. The divorce papers did not stipulate that I had to refinance to have her name removed. My credit is in no shape to refinance right now. I want to know what her rights are and what mine are as well. We have no children and the divorce was not contested at all. Thank you

Asked on June 24, 2009 under Real Estate Law, South Dakota

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This is an all too common problem, and perhaps the most important fact is one you haven't mentioned:  whether or not you are keeping the mortgage current, because if not, that is harming her credit.  It is certainly affecting her credit, and it may be that what's behind this is that she decided to buy a house, and is having trouble getting financing because of your mortgage.

I'm not a South Dakota attorney, and there are differences in the law from one state to another.  Reliable advice has to be based on all of the facts, including how the divorce papers are worded.  One place you can find a lawyer to help you with this is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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