What do I need to do to get my ex-wife to refinance the mortgage on the house she was awarded in the divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

What do I need to do to get my ex-wife to refinance the mortgage on the house she was awarded in the divorce?

She was supposed to refinance within 1 year of the divorce. It has been over 3 years now and I would like to put this issue behind me.

Asked on February 19, 2011 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, in this economy refinancing is difficult.  However, to comply with the court order she has to at least have made a good faith attempt to have done so.  Otherwise she can be held in contempt.

Assuming, that she has tried but failed to refinance, they may be something else that she can try.  She can ask the lender to allow what is called a "novation" to remove your name. While this is only rarely allowed, it is still worth trying.  A novation could be accomplished by your ex-wife showing that she has paid the mortgage for the last 9 years without you; if she is current and has never been late, the lender may allow her to remove your name from the mortgage without her having to refinance.  A novation may also be obtained if she "buys" your release by making a substantial payment to reduce the mortgage balance.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption