Legal Question in Family Law in Illinois

I was divorced on Sept 22...Now i'm being taken back to court ...She wants me to refinance the home we lived in , which I kept..Her name is not on the current loan..but it is on the deed..She was required to sign a quit claim deed to get her name off of it but has not done so..I have no equity in the house.. Can she do this?


Asked on 6/20/11, 1:36 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

In theory a property settlement is not modifiable. The court has no jurisdiction to modify your property settlement agreement. So without a careful examination of your agreement, your question is unanswerable. If she is not on the mortgage, then there is nothing to refinance, but the mortgage has to be examined also. So, the answer is maybe, maybe not.

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Answered on 6/20/11, 1:42 pm


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