Legal Question in Family Law in Minnesota

I'm recently divorced and my husband got the house. However, he must refinance to take my name off of the mortgage and pay me my equity. The divorce decree stated that he had 30 days to do this and I was able to remain in the house until he has done those things. We are now about 75 days from when the divorce was finalized and he has not payed me off or refinanced yet, just keeps telling me he's working on it. He is not living in the house. I know 30 days was ambitous to get this done but he did have the appraisal done before divorce was final so can't believe it would take this long. What can I legally do to get him to do this?

Thank you,

Michelle


Asked on 11/05/09, 11:48 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

The answer depends on your decree. A good decree will say that i the refinance is not done with in the allotted period, you can require the house to be placed on the market for sale. Without some consequential language, the abilty to enforce is eroded. You can try filing a Motion for contempt, It may not be possible without the language that has an alternate remedy.

For Minnesota issues visit divorceprofessionals.com or call 612.240.8005.

Read more
Answered on 11/11/09, 12:33 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Minnesota