My question involves a marriage in the state of: Iowa
In my divorce decree it states that I got the house. I am ordered to attempt to refinance every two years until I can get it out of his name. We also split the debts. I took 38000 in student loans. He was left with one loan of 17000.
He did not pay his loan. After getting several calls and letters I called the collections company as it was affecting my credit too. After some discussion we agreed to sign paperwork for a judgement to be entered if he did not pay. He paid for a few years. He changed jobs and stopped paying. The judgement was entered and a lien was placed on my house.
In the process of refinancing I found the lien. I asked him to pay it off and informed him that it was contempt of court. He stated that jail sounds like a vacation.
I can pay the lien with my refinance but it cuts into the HELOC I need to improve my home.
Is it considered a gift if I pay it? How do I get my money from him and still refinance ( need his name off my house!!)?