What are my options if I can't refinance the house as per our divorce decree?
Question Details: I got divorced 10 years ago. I agreed to refinance the home as soon as I was reasonably able to. We had split the debt, so I had that to take care of. Roughly a year later, my ex-husband declared bankruptcy. He is not on the title, nor is he financially responsible for the mortgage, but his name is still on it. Not long after that, I got laid off; I spent the better part of 2 years unemployed. Once I did find work, it was for quite a bit less than I had been making. At present, I'm making just over minimum wage in my state and have been looking for a better job. However, my ex is now threatening me with a lawsuit to refi the mortgage, which I don't qualify for. I believe my attorney had told me that I could go back to court and request maintenance/alimony if my financial circumstances changed and they really have. What can I do? Can he make me refi?
No, you almost certainly cannot get maintenance/alimony at this point: that was already determined, and the court will not make your ex start supporting someone he has not been married to for 10 years.
If he sues you, however, you should have a good defense to the lawsuit on the grounds of "impossibility": you cannot comply due to factors wholly beyond your control, such as your loss of income and not being able, as a practical matter, to refinance.
Rate This Answer: Not Yet Rated
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.
Helping 20 Million Americans a Year for 20 Years. FREE!