Can I now insist my ex-spouse try to refinance the house in her name now that she is remarried?

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Can I now insist my ex-spouse try to refinance the house in her name now that she is remarried?

I deeded it over to her and she is to attempt to try and refinance each year, with proof of attempting. She has just remarried and both are living in the house that has my name on mortgage. Can I now attempt to have her refinance since she now has the means to refinance. The new spouse makes considerable income.

Asked on March 8, 2012 under Family Law, Michigan

Answers:

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

Answered 12 years ago | Contributor

Has she complied with the agreement in trying every year with proof?  If she has not then maybe you need to go back to court for breach of the agreement or to hold her in contempt of the court order that incorporated the agreement.  This will prompt her to get moving.  Have a "plan b" to either sell the house or what your lawyer will think will fly with the court.  Good luck.


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