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Family Answer (ONLY) From my last question to you, is it…

Family Answer (ONLY) Good morning, From my...
Family Answer (ONLY)
Good morning,
From my last question to you, is it advisable for my brother to file a no fault divorce and still be able to ask the Court to order his wife to refinance the house or sell it within a given time?
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3/14/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good morning. Yes, if the home is going to be awarded to her, a condition of that can be that she agrees to refinance it solely in her named within a given time and if that time passes and she is unable to, that she would need to sell it, with the goal in both cases to be to get his name off the loan and remove his liability. The thing to try and remember is that she has to be able to afford to refinance solely in her name, which is based upon her credit, income, dti, etc, so he wants to make sure it is even possible.

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Customer reply replied 1 month ago
What if it is not possible, will that mean that the Court will ask for the house to be sold or he will be forced to remain in the mortgage?. Can he file a No fault divorce and still be able to ask the Court to ask her to refinance or sell?.

The no-fault divorce simply allows him to file for it. The marital assets and debts still need to be divided. If he knows she will not be able to refinance it or there may be issues with her making the payments, he may not want to just give it to her and may want to push for it to be sold with them sharing the profits. He could be forced to remain on the mortgage if she is awarded the home and he can not get off the mortgage, so that may not be good for him as time goes on since if she stops paying, his credit will take a hit and he may have issues buying a home on his own, down the road.

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Customer reply replied 1 month ago
Thank you.
So, it will be better to file a regular divorce and not a No-fault and then immediately ask for the house to be sold?.

You are welcome. No, I am not saying it would necessarily be better to file a regular divorce v no fault. What I am saying is that if he has questions and concerns about her being able to afford the mortgage payment on her own or refinancing it and getting it out of his name, he may not want to give it to her and instead, may ask that she agreed to sell it or have the Judge order that it be sold or he buy her out. The goal is to avoid his credit from being damaged and him being sued by the bank, if she defaults.

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Customer reply replied 1 month ago
he can go with the advice you just gave under a No-Fault divorce?
The site does not allow us to provide legal advice just information. He needs to asses the situation and do what he thinks is in his best interest and should 100% retain a divorce attorney to represent him to make sure his legal rights and interest are protected.
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Customer reply replied 1 month ago
Thank you.
Can I ask it in a better way, if you don't mind? Can a no-fault devoice be filed when one is seeking the Court to order his spouse to refinance or to sell their marital home?. That I think is a general question and that is what I originally want to know.
Here is a great link to a breakdown of the two so he can decided but then the no fault divorce should not be an issue related to the home and it being a marital asset and what needs to be done with it.http://jbmartinlaw.com/should-you-file-a-fault-or-no-fault-divorce-in-pa/
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Customer reply replied 1 month ago
Thank you very much. That was very helpful.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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