Legal Question in Family Law in Kansas
post-divorce legal rights in real estate
I have been divorced for one year, separated for two years. My wife and I purchased a home together a month after we married (two years and two months ago) and she agreed to keep living in the home by herself after we separated. I am still on the mortgage lien and would like to relieve myself of responsibility. The mortgage company says I have to pay a $550 for her to qualify for the loan on her own, but if she doesn't qualify, I'm out the $550. Her credit isn't the best, but all payments have been made on time and are up to date on the mortgage. Are there any Kansas state laws that work in my favor in this situation or is it simply beween me, my ex-wife, and the mortage company. Will I simply need to get an attorney if she refuses to comply with the qualifying process (she has a history of dragging her feet)? Are there any Kansas laws in divorce situations that may preside over what the mortgage company would like to do i.e. go through the qualifying process or ''sorry sucker''. I would appreciate your advice on this situation.
1 Answer from Attorneys
Re: post-divorce legal rights in real estate
I can only advise you as to Arizona law. In Arizona, if the Divorce Decree REQUIRES that she refinance, then you can take steps in court to force her to participate in the process. The expense would generally be hers alone, unless your Decree stated otherwise.
Please contact us if we can be of further assistance.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOCIATES
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