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I am now divorced and the decree says i have 90 days to refinance…

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I am now divorced and...
I am now divorced and the decree says i have 90 days to refinance (as that was my initial thought to get the house just in my name) I have now decided to sell the house. The decree states that i owe her a specific amount in equity to balance out the property. If I sell the house , do i have to give her half of any additional profit i may receive based on whatever the house goes for or is the settlement part the only thing I would owe. Obviously i could sell it for more or maybe it wont sell for as much so how does that work.
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/14/2010
Lawyer: Kim Courtney,
 replied 8 years ago
Kim Courtney
Category: Legal
Satisfied Customers: 4,237
Experience: Founder/Member at Food Business Association
Verified
Ok, so if you agreed to keep the house and pay her a fixed amount (I assume you put that amount in the agreement), then you are free to do what you want with the house, including sell it, but you would still owe her the amount you agreed upon.

The trick here is that in order to sell it now before refinancing, the house is still in both your names, so you would need her permission. Once you have it in your name alone you can definitely sell it with no problem. But before doing that you will need her permission, and if she doesn't grant it (for the amount you agreed) then you are going to have to go back to court about this.

I hope this helps,
Kimberly
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