Legal Question in Family Law in Florida
divorce and refinance
My husband and I divorced five years ago. He stayed in the house and it was agreed that he would make the payments and that the house and any profits/equity would be his. He never refinaced to get my name off the mortgage despite my frequent requests. He failed to make payments last year and since my name was on the mortgage it has hurt my credit. I regretfully signed a quit claim several months ago (before I knew my credit had been damaged). He now claims that since I gave him the q.c. he will refinance, but as yet has done nothing. He continues to make late payments. Can I request a divorce amendment to compel him to refinance? Can I ask the judge in the case for help? My credit score is sinking, as a grad student I have no money to make payments for him, and I feel powerless.
thanks for any help you can give.
2 Answers from Attorneys
Re: divorce and refinance
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You can always go back to court and ask the court for relief. It will be up to you to prove your case to the satisfaction of the judge which should be easy to do in this situation.
Frankly, you should never have given the quit claim deed without having the property refinanced at the same time. I would suggest that you obtain counsel to help you in this matter.
Scott R. Jay, Esq.
Re: divorce and refinance
If your divorce agreement states that your ex-husband was supposed to refinance, you can simply petition the court to enforce the final judgment.
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