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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37079
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have title to my house. My wife name is still on the

Customer Question

I have title to my house. My wife name is ***** ***** the mortgage note. I am in the process of
refinancing the house. Her lawyer gave until December 31, 2015 to refinance or the house
will be sold.
I have some credit issues that I am trying to resolve. I am very apprehensive that if I
can refiance the loan under my name I would have to go to court.
I registered the house under my on May 10-15 My wife's lawyer gave me six month to
refinance. According to California law, I can refinance my property after 6 months( as of July 2015)
This means that I only have 2 months to refinance. How can we solve this issue without
having to go to court. I need time.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If the judge ordered in the decree that you must refinance within 6 months or sell the house, then that is the order of the court and you don't have a way to force an extension. Even if you go back to court it is unlikely that the judge would give you extra time. The 6 months was in the form of a contract between you and your ex and she is entitle to demand performance based on the agreement set out in the contract.

You wrote: According to California law, I can refinance my property after 6 months( as of July 2015) What law is that, and if the law took effect after your divorce decree was entered, how does it apply to you?

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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