How can I force my ex-wife to refinance the home awarded to her in our divorce to get it out of my name?

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How can I force my ex-wife to refinance the home awarded to her in our divorce to get it out of my name?

She’s missing payments and they keep calling me.

Asked on May 2, 2018 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, as the mortgage lender was not a party to your divorce action, it is not bound by its terms. Accordingly, you are still responsible for the payments and will be until the house is either refinanced or sold. While you could take your wife back to court to force her to refininace, since she's been late with the payments that's not a practical option. Your only recourse here is to get your wife to sell. You can go back to court and request that it order the house to be sold immediately. At this point, you should consult directly with a local lawyer who can review your divorce agreement and advise you further.
 


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