Can I make my ex refinance the home?

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Can I make my ex refinance the home?

I have been divorced for over 2 years. We bought a house together when we were married. He was awarded the home in the divorce and all responsibilities that go along with it. He will not refinance to remove my name. I haven’t lived there for over 2 years. What can I do?

Asked on September 26, 2011 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  This is really one of the most common things that happens after a divorce.  And really how your agreement speaks to the issue may govern here.  Some agreement state that the spouse that is awarded the house has to refinance with in a certain time.  If they can not or do not then it could be seen as a breach of the agreement and the other spouse - that would be you here - can ask the court for modification based upon a variety of legitimate reasons: not making mortgage payments; ruining credit, etc.  So I think that you may need to speak with an attorney in this matter.  Good luck.


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