Ex-Wife Will Not Refinance House

**cds1723** · 07-10-2011, 08:24 PM

My question involves divorce in the State of: Pennsylvania

My soon to be ex-wife filed for divorce. We were married for 4 years and have one daughter together along with her daughter from her 1st marriage. She had purchased our home with her 2nd ex-husband, and we re-financed everything into both our names after we got married. However, she has only worked for one year during our marriage (actually, she has only worked one year in her life. Her previous two ex-husbands had lucrative jobs and she was able to stay at home).
I work two jobs to pay the mortgage and child support for my two other children from prior relationships. She is telling me that she can force me to stay on the mortgage, and if I don't agree to her refinancing in both our names to lower the payments, she will take this to court and win. I called the mortgage company (GMAC) and they told me that she is over 30 days behind as of 7/8/11.
I don't want the house, but I don't want to be on the hook for her not making payments on time. Can she fight this in court? For the record, we've already been to domestic relations-where she tried to get alimony-and was told she couldn't get anything extra-just child support for our one daughter (who will be 3 in December). Her daughter is in middle school, and shouldn't be a big deal for her to move, since our district only has 2 middle schools--she could easily move and not have to change schools.

**cyjeff** · 07-10-2011, 08:29 PM

Until the court tells her to refinance, she doesn't have to. Until the court says to sell the home, she doesn't have to.

**cds1723** · 07-10-2011, 08:51 PM

What are my chances that the judge will force us to sell? She won't work--and there is absolutely no way I can afford the house.

**cyjeff** · 07-10-2011, 09:01 PM

Quoting cds1723

What are my chances that the judge will force us to sell? She won't work--and there is absolutely no way I can afford the house.

the assets and the liabilities will be shared. Typically, this means that one half gets the marital home... and other assets and liabilities are assigned around it.

If there isn't enough assets and/or liability to offset the home, the home can be forced to be sold.

**cds1723** · 07-10-2011, 09:22 PM

Thank you--that answers my question. There are no other assets. No cash, stocks, retirement plans, etc. There is a ton of debt, however, and the house is the only asset--and according to the real estate agent comps, there isn't much equity in the home either.