Real estate divorce question
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Real estate divorce question
My spouse and I got a divorce last year. I got the house in the divorce. Her name is still on the mortgage however, and now she wants her name removed and is threatening to sell the house from under me or get an attorney to force me to sell. The divorce papers did not stipulate that I had to refinance to have her name removed. My credit is in no shape to refinance right now. I want to know what her rights are and what mine are as well. We have no children and the divorce was not contested at all. Thank you
Asked on June 24, 2009 under Real Estate Law, South Dakota
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
This is an all too common problem, and perhaps the most important fact is one you haven't mentioned: whether or not you are keeping the mortgage current, because if not, that is harming her credit. It is certainly affecting her credit, and it may be that what's behind this is that she decided to buy a house, and is having trouble getting financing because of your mortgage.
I'm not a South Dakota attorney, and there are differences in the law from one state to another. Reliable advice has to be based on all of the facts, including how the divorce papers are worded. One place you can find a lawyer to help you with this is our website, http://attorneypages.com
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