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Ex-wife won't refinance

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#1 Pinky832


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Posted 27 December 2012 - 08:51 PM

I got divorced earlier in the year and the decree ordered my ex-wife to refinance the house into her name. No timeline was set as we were told in the mediation that in Indiana this was not done. I signed the quit claim deed however, it is being held in escrow until she refinances that way I do not lose my rights on the house until then. My name is soley on the mortage but both our names are on the deed. She has failed to pay the mortgage once so far and chances hurting my credit score. What are my legal rights here since no limit was set? Can I take her back for contempt and see if the judge will agree to just put the property on the market and split any profit?

#2 Ted_from_Texas


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Posted 28 December 2012 - 04:47 AM

If your ex has refused to refinance when refinancing is available and she has the means and the ability to do it, you may have a case for contempt. On the other hand, if she's been making an honest effort but is unable to refinance in a timely matter because of her income or the availability of credit, you may be able to have the court force the sale of the property. Either way, this is a matter to discuss with a local family law attorney. Good luck!

#3 Pinky832


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Posted 28 December 2012 - 01:45 PM

Thanks for the reply. I know she has not tried to re-finance at all. She has two jobs are her fiance is living there too. I don't believe it's a matter of can't; I think it's more of won't.

#4 Guest_FindLaw_Amir_*

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Posted 28 December 2012 - 02:28 PM

I agree with the previous poster, this is a matter you may wish to discuss with a local Family Law Lawyer to address.

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