What will happen to my husband if heviolated a divorce decree by not refinancing the home heowned with his ex-wife?

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What will happen to my husband if heviolated a divorce decree by not refinancing the home heowned with his ex-wife?

My husband was left the house that he and his ex shared. She cheated on him and so he wasn’t thinking logically when she served him with the papers. He went to Iraq and came back. His pay went down and he realized he couldn’t continue pay the mortgage. Her name was still on the house and he tried to get her off, but couldn’t refinance. He told her that he couldn’t pay it anymore and she pretty much said it’s your house. So he stopped paying and is working towards a short sale. The CDA told him that was his only other option. She wants to take him to court for breaking the decree.

Asked on April 25, 2011 under Family Law, Minnesota

Answers:

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

Answered 10 years ago | Contributor

Violating court orders is never a good idea.  But I do not think that this situation is going to be fatal.  The real meaning of that provision of the decree was to get her off the mortgage  and to leave him the house, correct?  What his ex is concerned about  - well, one of the things - is that in a short sale there is a deficiency judgement and she does not want to be responsible for it.  So make sure that if he is short selling the house the bank or lender is waiving the deficiency.  Then make sure that the bank reports the matter correctly on both their credit reports.  If the short sale does not work try a deed in lieu of foreclosure and again, have them waive the deficiency.  If she has other issues then write back.  Good luck.


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