Saturday, July 12, 2014

Do i have to sell my house as opposed to refinancing?

Q:  i had a 17 year marriage end. the house was brought and paid for with my money only, while married. i understand the 50% split (law really needs to change when 1 party refuses to help financially and admits it). the divorce decree stated i have 2 options:: 1) sell and split or 2) refinance and buy out spouse. I have had 3 refinance deals wash out because other side refuses to sign documents as required by refinance companies. we are on our 5th judge (5 years after divorce has been finalized), who stated he cannot force other party to sign papers, so he is making me list the house. with 2 years left on current mtge, i do not want to sell. This does not make sense that courts are forcing me to take option 1 , when the decree clearly states i can go with option 2. my attorney is dumfounded

A:  David's Answer:  The answer to your question depends on the Judge's interpretation of the divorce settlement. If the Judge determines that its consistent with the settlement that the ex-wife cooperate with the refi process, then the Judge can order her (under threat of contempt) to sign the necessary documents. If the Judge then refuses to do so, file an appeal. Schedule a consult with a Westchester Family Law attorney for a 2d opinion.  -- David Bliven, Westchester Family Law attorney (

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