How long does he have to finish his part of the divorce decree as when looking over the paperwork an actual set time was not filed? 5 Answers as of June 12, 2013

My fiancé and I are getting ready to be married. She went through a divorce in February. This is now almost 4 months later. Her now ex-husband through mutual agreement was awarded the house. In the divorce she was to pay off a certain credit card that was in his name as well as get a vehicle out of his name. He was to take care of getting the house out of her name and keep everything up with the house. Well she her part within less than 2 months. He on the other hand has been being late with the payments (although less than a month behind each time), he wants her to sign the deed to the house over to him, but he says he cannot refinance the house. What steps can she (we) take to get this process started and is he in contempt of court sense it does say he was to take care of the house by not getting the house refinanced yet?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
John Russo | John Russo
First of all did she have an attorney who drafted the final judgement, and was there also a PSA, or just the final? Sounds like a do it yourself divorce or the attorney's were not truly divorce lawyer's since the wording leaves much to be desired. The language pertaining to house should have been much more exact, there should have been clear and unambiguous wording for each and every detail, the indemnification language should have been precise, i.e. he was to be solely responsible for all cost and expenses, mortgage , taxes , insurance, repairs , utilities, etc, and he would hold her harmless and indemnify her from same, does it state that? or do you just think it does, also, there should have been a time frame to refinance said real estate, simple, and always done by good lawyers, The husband shall have 90 days from the signing of said agreement to refinance and remove the wife's name from said mortgage, IF THE HUSBAND, fails to refinance and remove the wife's name within the allotted time then the house shall be placed upon the market for sale FORTHWITH and the parties shall divide equally any proceeds received from said sale, does it say that? No Right , inexcusable, Also at the time of said refinance the wife shall deliver an executed quit claim deed to the husband, NOTICE IT SAYS AT THE TIME OF REFINANCE, Or she could have executed a deed to be held in lieu of refinance either by the attorney, or in the court registry until the time of refinance, banks do it all the time. Medicine is for doctors , The law is for lawyers, So again they either did this on their own? Or they hired hackers to save money, and look what they ended up with. She has a couple of options but not knowing the wording of their final it is hard to tell the best way to go, she could try going back to the family court , now if they had a PSA then she could file a motion to enforce the terms of the contract, if they only had a final judgement then it would be a motion to adjudge in contempt and hopefully you could sell the judge the fact that he(the ex husband) has had a reasonable amount of time to refinance and that the order should now be modified to sell the real estate. The problem you have here it seems, is that there is no what next language, He has to refinance thats great!! How long does he get? And if he can't then what? The law does not allow for guessing. Her other option is that if her divorce is final now, you will need to check on that, all jurisdictions are a little different on that issue, in mine RI, the divorce does not become final until 90 days after the entry of the final judgement, but anyway if it is final and she has not done anything stupid like quit claiming the property to him, then the real estate by operation of law is now held as tenants in common, when they were married it was held as tenants in the entirety , which is only available to married couples, so again the second the divorce became final the property went to tenants in common, even if the deed still states in the entirety that is void again by operation of law. So I am not going to get into the theories of real estate titling but she has a number of options now one being to file a partition for the sale of the real estate, trust me she can do it, My advice spend a couple of dollars and speak with a good family law attorney to get this done the correct way before you screw it up even more.
Answer Applies to: Rhode Island
Replied: 6/12/2013
Webster & Associates | Anita Webster
You have to file a Motion with the court. I would recommend speaking to an attorney to find out the best course of action at this point. She might want to ask the court to order the sale of the home but that would have to be looked at closely since a short sale can impact his and her credit.
Answer Applies to: Nevada
Replied: 6/12/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Your fiance is not done yet and she needs a divorce lawyer.
Answer Applies to: New Jersey
Replied: 6/12/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Not having the opportunity to look at the actual papers it is difficult to say, but she may have to bring a contempt motion (motion for "litigant's rights") and request that the house be sold.
Answer Applies to: New Jersey
Replied: 6/12/2013
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
It's possible he is in contempt, but you would need to take the divorce decree to an attorney to review so they can ask the relevant questions and advise you based on the detailed information you provide in response to the attorney's questions and review of the decree.
Answer Applies to: Georgia
Replied: 6/12/2013
Click to View More Answers: