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  1. #1
    Join Date
    Jun 2014
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    2

    Default Ex-Spouse Has Not Refinanced the Marital Home as Ordered

    My question involves a marriage in the state of: Illinois

    My husband had 6 months to refinance our house. Rather than refinance, he spent 6 months trying to get a loan modification, which would not remove my name. He has told me he applied for refinancing but was rejected. I have no proof this is true.

    We've now been divorced for 20 months and the house is still in both our names. The day before our divorce, he got a $30K car which was not mentioned in our decree. Had I known he was going to add new debt I would've suggested selling the home. Now he says he can't afford the mortgage, he can't get refinanced and the home is underwater and he wants a short sale. He makes $106K a year and I know he can afford the mortgage. The last payment was for March 2014 so now he's 3 months in arrears. We have a home equity line of credit that is due in full in a couple weeks (July 1, 2014). Our divorce decree states that he is has sole responsibility for the mortgages since I moved out before the divorce. He spends money going on trips, making unnecessary purchases and claims all his other bills are current. The house has been on and off the market and is now off again because he said the realtor told him the price is too high since he is asking for what is owed on the home. Now he's asking me to agree to a short sale. Will I be responsible for any debt related to the home?

    I asked him if we could speak with a mediator and he said he's done with me and talking to me about the home.

    What recourse do I have?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Divorce - is My Ex in Contempt

    Quote Quoting mscandie61
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    Now he's asking me to agree to a short sale. Will I be responsible for any debt related to the home?
    If there is any debt related to the home, yes, you will be responsible to the lender. Your divorce decree isn't binding on the lender who was not a party to the decree.

    Typically, however, when a lender approves a short sale they wave the balance that is owed on the loan.

    Quote Quoting mscandie61
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    I asked him if we could speak with a mediator and he said he's done with me and talking to me about the home.

    What recourse do I have?
    You take him to court to enforce your decree and/or seek indemnification for any monetary loss you might suffer.

    As for the question in the title of your post - your ex is not in contempt unless a judge says he is. You've got a long way to go before that happens and you'd be wise to be talking to an attorney about what it's going to take.

  3. #3
    Join Date
    Jun 2014
    Posts
    2

    Default Re: Divorce - is My Ex in Contempt

    Thanks, adjusterjack!

    I don't currently have an attorney. Should I look for a 'divorce' attorney since we are already divorced?

    Also, I've asked him to put the house back on the market. He has refused, stating he'll only do it as a short sale. He hasn't paid a mortgage in 4 months and I can't afford to (besides, I no longer live in the house). I'm afraid a short sale won't be approved and then we'll really owe the mortgage company. Our decree says that he has 60 days to refinance otherwise the house can be put on the market. Can I put it on the market? Does he have a right to state under what terms? Is this a cause to take him back to court?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Divorce - is My Ex in Contempt

    Quote Quoting mscandie61
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    I don't currently have an attorney. Should I look for a 'divorce' attorney since we are already divorced?
    I would say that a divorce attorney would be a good bet because a divorce would have the experience in enforcing divorce decrees.

    And if you had an attorney for the divorce he's likely to still have all your files and a familiarity with your divorce so he wouldn't have to charge you for the time it takes to start from scratch as it would if you got a different attorney.

    Quote Quoting mscandie61
    View Post

    Also, I've asked him to put the house back on the market. He has refused, stating he'll only do it as a short sale. He hasn't paid a mortgage in 4 months and I can't afford to (besides, I no longer live in the house). I'm afraid a short sale won't be approved and then we'll really owe the mortgage company. Our decree says that he has 60 days to refinance otherwise the house can be put on the market. Can I put it on the market? Does he have a right to state under what terms? Is this a cause to take him back to court?
    Well, his refusal is certainly good cause to take him back to court.

    But if he was given possession of the house as a result of the divorce you will first have to go back to court and get the judge to give you possession of the house and the authority to sell it.

    I'm guessing that no realtor will touch it just coming from you and you would ultimately need his signature on any sale.

    Unfortunately, since he's talking short sale, it's possible (and easy to determine) that the house is worth less than is owed on it and would be impossible to refinance. That means he's not actually refusing to refinance, he might just be incapable of refinancing due to market factors that aren't his fault and you would not be able to enforce an "impossible" provision of the decree.

    You should have some idea of how much is still owed on the house. Now go to Zillow, put in the address and see what the approximate market value of the property. Zillow isn't 100% accurate but it will give you a good starting point and then you can refine it by having a realtor do a market analysis.

    If it does turn out to be under water, you'll have no choice but to agree to the short sale or let it go to foreclosure with even worse consequences.

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