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It depends on what the divorce decree states. If in the decree she is to assume control of te home and the note then you can requiresher to refinance or lower the price to make the house marketable. If the divorce decree states simply that the home is to be sold, then it must be sold at a reasonable market price. This can be established by appraisal, or perhaps by agreement between you and your ex. If your ex chooses not to lower the price, you can ask a court to force a sale of the property at a reasonable price.
can be detrimental if you are owed money as a result of the sale. The refinance might not produce enough cash to pay your share.
All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.
Thank you for your response. A portion of your answer seems to have been cut off... "can be detrimental..." What was the beginning of the sentence please?
The decree doesn't say anything about the note/mortgage... just that she has the option to stay in the house until it is sold and pay for mortgage/utilities. No timeframe specified. Can I request through the court that it be refinanced in her name?
It should read a refinance instead of a sale can be detrimental ...
The way our decree is written you have no basis to force her to sell the property. She needs to continue paying the mortgage. If you want her out, or force her to refinance you wilneed to modify your decree. I have not seen many decrees that are not time bounded. Usually the decree provides this type of arrangement lasts until the last child turns 18.