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Mandatory Refinance of Marital Residence

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  • 08-21-2009, 02:14 PM
    wantstoknow
    Mandatory Refinance of Marital Residence
    In Illinois

    The settlement agreement required the wife to refi the marital residence and remove the husband's name from the deed within two years. Post settlement the wife learned the husband had retained a credit card in her name and had accrued unpaid bills to the point where she had to freeze her credit and as such could not proceed with the refi. She is pursuing this matter now in court. The settlement agreement does not require that she provide proof that she applied but that she should do so every 90 days. Now the husband's counsel is demanding proof that she has attempted to refi.

    Does the husband have a case to go after for violating the settlement agreement?
  • 08-24-2009, 05:53 PM
    Mr. Knowitall
    Re: Mandatory Refinance of Marital Residence
    You mean, if it turns out that she hasn't in fact applied? That would be a violation of the agreement.
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