Is a motion the correct thing to file in order to ask a court to rule that my ex-wife refinance the house she was awarded in divorce 8 moths ago?

UPDATED: Aug 28, 2012

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Is a motion the correct thing to file in order to ask a court to rule that my ex-wife refinance the house she was awarded in divorce 8 moths ago?

My divorce was finalized 8 months ago today. My ex was awarded the house and I had to sign a quit claim deed at that time. I was told (however its not in divorce decree) that she had 3 months to refinance the house to remove my name. 8 months later she hasnt. I spoke with a lawyer who told me to file a motion(?) pro se to save money and then if I was uncomfortable I could retain them to represent me at a later date. Is a motion the correct thing to file in this situation and how would I word such a thing accurately? I just want my name taken off this house so I can move on.

Asked on August 28, 2012 under Family Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest the best way to try and resolve the situation where you simply want your name off of legal title to the home that your "ex" was awarded the home is simply to have a real estate attorney prepare a quitclaim deed to your "ex" of the home that you would sign and have recorded in the county recorder's office to have your name removed from legal title of it.

As to you not being removed from the loan on the home, the only way that can happen is if the home's loan is refinanced or the home is sold. I suggest that you carefully read the dissolution agreement as to timing of any required refinance of the home.

If the marital dissolution decree does not state when the loan for the home is to be refinanced, then a motion to the court for clarification of the order and a refinance date would be in order where the due date was inadvertently omitted. That would be the route you should take. It is best to retain a family law attorney to draft up the motion for you rather than arguing it. Preparing a well thought out request to be filed in the court is more important than oral argument based upon my experience in such matters.

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