I need some advice. I have been divorced for a year. During the divorce my ex-husband got the house. When we originally financed the house it was in both of our names. In our divorce papers it says that he has to refiance the house into his name in a "timely manner". What is a timely manner? I mean its been a year and he hasn't done it yet. Is there anything I can do to make him refinance? PLEASE HELP!!!
2007-01-15 06:43:09 · 6 answers · asked by Heather 2 in Family & Relationships ➔ Marriage & Divorce
Call your lawyer and give him the information, timely manner means within a few months. He should have had all of this taken care of months ago. As of now he would be in contempt of court.
2007-01-15 08:08:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
NOT a lawyer, but this one is pretty simple.
You need to go back to your original lawyer and have them file papers to demand that the original terms of the divorce be held to. The judge will give your ex an actual time line to refinance at this hearing. Hopefully with punishment if he does not or cannot follow through, such as putting the house on the market.
If you wanted the house, you could stipulate that you would be willing to take over payments and refinance it yourself, but you are under no obligation to ask for this, or agree to it.
2007-01-15 14:48:34 · answer #2 · answered by cindy 6 · 0⤊ 0⤋
I got divorced last year and I got the house and had to refinance to remove my ex-wife from the loan and the deed. The court system gave me 90 days to do this and to pay her half of the equity, which I did. The 90 days were stated right in the divorce papers. I gave her half the equity minus half of the debt load. Just as half of the equity was hers so are half of the debts. Good Luck.
2007-01-15 14:52:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
One year is certainly sufficient time for him to refinance. He has not done so "in a timely manner". You can take him back to court and ask the Judge to order him to perform and/or hold him in contempt.
2007-01-15 14:49:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He should have done it by now. I'm afraid that you probably need to contact the attorney who represented you and find out what your next step is - you'll most likely need to file a motion compelling him to refinance in a specific period of time.
2007-01-15 14:48:17 · answer #5 · answered by Jane 3 · 0⤊ 0⤋
call the lawyer who represented you in the divorce and tell him what hasn't been done yet and he can get in touch with your ex and his lawyer and get the ball rolling
2007-01-15 14:46:30 · answer #6 · answered by charmel5496 6 · 0⤊ 0⤋