Go Back To Search Results Question What if he doesn't sell/refinance the house by the time he agreed to in the divorce papers? Okay, I have been divorced for about 2 years now. In the seperation agreement, my ex agreed to sell our house ( that both our names are under the mortgage ) or refinance it within 3 years. With only a year left, I have a sinking feeling that he will not sell/refinance in time. What should I do if this happens? Since he signed court paperwork agreeing to sell/refinance within 3 years, do I need a lawyer? Attorney? Any help would be appreciated, thanks! By SeattleGal Posted on 04/16/10 Total Answers 3 Answers- Call Legal Aid ( you can find them in the phone book) and ask about post decree contempt. Get some legal advice from them, then call the court clerks in your county and ask if there is a cost to file for contempt, then go and file it. Answer by : essexsrose On Date 2010-04-16 19:53:41 I did a loan assumption through Wells and $1642 was the total loan assumption cost and the payment and loan stayed the same. I did it because the value of the house wasn't high enough due to the poor economy. My divorce only gave me 90 days. You were generous and he has several options. Suggest you talk to the lawyer who handled your divorce and ask him to write a letter to your ex-spouse reminding him of the 12 months remaining before he will be in court again to produce evidence before a judge explaining why he has not complied with the decree of divorce. Yes you need a lawyer, as your ex will certainly attempt to use the poor economy as an excuse. The Court may offer him an alternative such as selling the house if he cannot refinance or assume the loan. Get a lawyer and protect yourself. Have you checked your credit, it's free, every 12 months, to see if he has been making the payments on time? Answer by : Ahbleza On Date 2010-04-16 19:59:02 Just to be on the safe side I would get your lawyer to send a letter reminding him of his court witnessed agreement and I would forward it to his lawyer and a copy to the magistrate which handled the court agreement. If he has been directed by the courts to sell or refinance then he must do what has been asked but it won't hurt to remind all parties of this and it won't hurt to let the courts and lawyers know that you are worried about the lack of any progress on his behalf. When it comes to anything to do with courts etc make sure that everything is in writing, is dated and even witnessed, this way your covering your bases. Also remind him that if it's not done within the next 12 months he will be breaking the court agreement which in turn is like breaking the law. Answer by : Melanie M On Date 2010-04-16 20:00:48   Go Back To Search Results