Legal Question in Real Estate Law in Arizona
Forcing your x-wife to refinance here house you bought together
When I was married, I bought a house with my wife at the time in Tucson Arizona. I am now divorced and re-married and live in California. However, the divorce required me to sign over the house to my x-wife. I received a letter stating that I was not responsible for the house and that my x-wife was. I am still on the mortgage of that house and want to be removed. The only way is to have my x-wife refinance the house in both her husband and her name. Since she is re-married as well, won�t I am able to force her to refinance the house? Even though I have the letter, I want my name removed from the mortgage. I am considering pursuing this with an attorney and need to know if I have a fighting chance in getting my x-wife to refinance the house I no longer own in Arizona.
1 Answer from Attorneys
Re: Forcing your x-wife to refinance here house you bought together
You cannot force anyone to refinance absent an agreement. This should have been covered in your divorce proceeding; specifically, in your property settlement agreement. Ask your divorce attorney about what to do next.