Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
This is a common situation. Allow me to explain.
Now, in a divorce
, the Court cannot simply order a contract void that involves a third party (the lender).
Ergo, there are generally two things done in the divorce decree:
1) She would quitclaim the home to him. This essentially gives her interest to him, and;
2) The decree orders him to REFINANCE within a certain amount of time with the lender, to take her name off the mortgage contract.
If he does not refinance in time either due to sloth or inability, then the Court will either (1) give the property to her, (2) sell the home and split the proceeds, or (3) do whatever else the Court feels is equitable (fair).
So if she does not want the home, and he does, then the above would be included in the divorce decree and would help to ensure that her name is XXXXX XXXXX the mortgage.
I hope this helps and clarifies. Best of luck.
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