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  1. #1
    Join Date
    Feb 2010
    Posts
    18

    Default Can I Get a Court Order Compelling My Ex- to Refinance

    Quote Quoting Deward Bowles
    View Post
    The short answer is yes. My advice is to take all paperwork related to this and give it to a competent lawyer to evaluate.
    I'm in a similar situation. My exwife and daughter stay in the house inwhich we are both on the mortgage and she pays the mortgage and gets the tax right off. The house went under foreclosure status and now my credit is ruined and I can't get a loan to buy a house. Can I get a court order forcing her to refinance the house only in her name?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,652

    Default Re: Can I Get a Court Order Compelling My Ex- to Refinance

    What do you mean ""? You mean that there's a completed foreclosure?

    I have not had the opportunity to review your divorce judgment, what it says about the house, who is supposed to pay the mortgage, or if and when the house is to be sold. If your ex- has violated the court order by failing to make timely payments, you can take her to court over her non-compliance. I don't know if your ex- would presently qualify to refinance the home (I suspect not, given that she's in default on the mortgage) or if the court would order that remedy based upon the full facts of your case. If you had a lawyer represent you for the divorce proceedings, it may be a good idea to consult the lawyer about the judgment and your options.

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