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Hi Tony, thanks for your question. I'm Stacy. Regardless of what the divorce order says, until the home is refinanced, you could be on the hook for any outstanding debt. What did you final divorce order say regarding the home? Was your ex told to refinance the home with a certain period and failed to do so?
That's unusual. Typically if a home is awarded to one party in equitable distribution, she would have been required to buy you out and 99% of the time, the judge will order a refinancing to absolve the party not living in the home of the debt. At this point, since the order is silent on the issue, you don't have a lot of options. You can't go back to the judge over this issue since it wasn't included in the original order.
I'm not available for a live call. If you still need one, I can opt out and allow another expert to take over.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
What does the decree say about the ownership of the home? Is your spouse entitled to a period of possession and then it is to be sold and proceeds split?