What to do about a house after a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a house after a divorce?
My ex-wife and I refinanced our home 8 years ago and rolled some credit card balances into the refinance. We did our own divorce a year later and she signed a quit claim deed, as she said that I could have the house and the kids. Nothing was stipulated in the divorce as far as me refinancing the house at any time. Can she force me to refinance now that our two children are over 18 years of age? She says that because her name is still attached to our loan, she is unable to get any loans with her new husband.
Asked on January 4, 2013 under Family Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Absent an agreement or order from the court mandating the sale of the subject property or its refinance your "ex" is under no obligation to force you to sell the property or refinance it. The problem for the "ex" is that until you refinance the property or sell it, her name is still on the loan.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.