What to do if our divorce decree states that my ex-husbandwill “in good faith” attempt to refinance and remove my name off loan and deed but e still hasn’t done so?

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What to do if our divorce decree states that my ex-husbandwill “in good faith” attempt to refinance and remove my name off loan and deed but e still hasn’t done so?

My ex husband got the condo in the divorce and paid me my share. The divorce decree states that he will “in good faith” attempt to refinance and remove my name off loan and deed. He’s having trouble refinancing since value of condo keeps dropping. I’ve filed for contempt of court but I don’t think that was the correct plan of action putting him in jail is not my intention. I just want to reopen the case and get new terms such as sell the condo. I’ve since remarried and need my name off loan to buy a new home. What is my next step? How do I go back to court and get a new agreement?

Asked on February 5, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your way of doing so is probably to file the contempt motion and ask for reformulation of terms like giving you the condo and leaving him without any recourse. Then, you need to consider if you can simply repay him the money that you obtained from him and he is taken off the condo. You would have to refinance, so if you can refinance and show that you have a loan ready to go to refinance or pay off this mortgage, then that might be the best avenue to a) get this loan discharged and b) cut ties with him so that you can update your credit reports on your time and then be able to reapply for either a new loan or figure out either to sell the condo or put it up for rent.


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