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My ex wife and I purchased a home when we were married. The…

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My ex wife and I...
My ex wife and I purchased a home when we were married. The mortgage is in my name but the divorce decree states she has 6 months to refinance the mortgage or the house goes on the market She has been making the mortgage payments while in my name. She has recently found that she cannot refinance the house to a manageable payment. She states that the only way she can do the refinancing is if I sale her the home for pay off amount. This is considerably less than market value. We have joint custody of our two children. If she cannot refinance the home, she is wanting to move out of the state of Kentucky. In Ky, she cannot take the children out of state legally without my permission. I do not want that to happen. Can I legally ask for possession of the home and take over payments (which is in my name anyway) and leave custody as is with the children?
Submitted: 2 years ago.Category: Family Law
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2/21/2016
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,563
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good afternoon. Was she to refinance the home in her name? I assume the basis for that was because she was awarded the home? If not and it was sold, how were the proceeds supposed to be shared?

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Customer reply replied 2 years ago
She was awarded the home. If she could not refinance, the decree states that the house is to be sold with any profit being split equally except for the first $8,000 which she used as part of down payment.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

Thank you. As of now, the decree will control, so if she can not refinance it, then it needs to be sold. Of course, you can try and file a motion with the court, asking that this be modified and that you be given the home BUT that would take away from her ownership interest and/or the money which she is entitled to, so I can not see why the Judge would allow or do this, unless she agrees. The alternative here would be to see if she would agree to be bought out by you, instead of having to sell it and then you could keep the home and she could walk away, in the same position. Child custody is a separate issue and does not have to change.

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Customer reply replied 2 years ago
We went with one lawyer for both parties to keep cost down on divorce. We had property which was free and clear of debt. I signed over the deed to her, allowed her to keep house, in exchange for joint custody and no child support. We split medical expenses and all expenses on children. Can she not use property as collateral for refinancing home?
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

The bank will not look at that. They look at her debt to income, credit score and a few other things to qualify her to the refinance. It is basically a new mortgage, so the bank wants to make sure she has the ability to pay. They will not secure collateral and if she wanted to do that, would basically need to find a private lender to lend their own money.

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Customer reply replied 2 years ago
Also, if house is put on market, the home is legally in my name and I'm responsible for the ultimate payment on the home. Do I have the power to set listing price and acceptance of offers. I know she was rewarded the home but I'm legally responsible for the mortgage so do i have a say in any of this
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

The goal is to get as much as possible, so you would be required to accept a fair market value, if one is made. Otherwise, she could say you are acting in bad faith. The listing price should be a price to sell and which would attract buyers, based upon recent sales. A realtor should be retained, to help, so that this way there are no allegations that you acted in bad faith or tried to sabotage the sale.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

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Customer reply replied 2 years ago
I understand that goal and agree about a realtor for fair market value. Do I have a legal say in that matter?
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

If the decree simply says the home just needs to be sold and go on the market, then you would have a say and a decision. Unless it had specific language, whereby she will determine the final acceptance offer or something like that, you can have input.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

Is there anything else I can answer or clarify for you?

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