Legal Question in Family Law in Florida
Ex-wife won't re-finance after 4 years... What to Do?
I have been divorced for 4 1/2 years now, and my ex-wife still has not re-financed our marital home. I signed a quit claim deed when she bought me out of the house at the divorce proceedings. She lives there with our 2 children and her mother and father.
4 1/2 years later, I am re-married and my current wife and I cannot qualify for a house of our own with my name still attatched to the mortgage on my ex's house. I have asked her repeatedly to refinance, especially now that the interest rates are lower. She still refuses, saying she can't afford it. How should I proceed?
1 Answer from Attorneys
Re: Ex-wife won't re-finance after 4 years... What to Do?
There is nothing you can do. When you quit-claimed the house to her (you didn't ask a lawyer before you did that, did you?), you gave up your only right, which was to file an action between co-owners to sell the house.
Now you're not a co-owner, and you can't file the co-owner lawsuit (called a "partition action").
Take your divorce agreement to a family lawyer. Maybe there's something in there that a lawyer can find that can help you, but this type of situation happens all the time, and the person who signed the quitclaim usually ends up SOL.
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