Legal Question in Family Law in Kansas

My divorce decree has already been finalized and was uncontested. I was awarded the house and there was no stipulation that I must refinance the house to take my ex husband off of the loan. Now, my ex husband is threatening to take me to court to sell the house or refinance. I'm not sure if I would be able to refinance for at least two years. The divorce decree does state that I am solely liable for the mortgage payments. What can my ex husband legally do at this point to force me to remove his name from the mortgage?


Asked on 5/31/16, 11:22 am

1 Answer from Attorneys
Anthony Smith LawSmith

Among other things, your ex husband can seek an amendment to the property division order. Unless they were made a party to your case, the lender/ mortgage company is not bound by the Judge's order. If you get behind on payments, the lender can go after your ex husband as if the divorce never happened. For that reason this loan may be preventing him from getting a home loan of his own.

Good luck

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Answered on 5/31/16, 11:37 am


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