Legal Question in Family Law in New York
My divorce agreement states we must sell our home and split the equity. However, due to the state of the market, the mortgage is under water and after two years, has not sold. My spouse has signed an agreement allowing me to refinance the home and take over the obligation. What do I need to do to be sure I am in compliance with my divorce agreement or have it revised accordingly?
Asked on 3/01/12, 2:24 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Essentially, you are modifying the divorce agreement. The modification must be in writing, signed by you and your ex, and there must be an acknowledgment (like in your original agreement) signed by a notary public.
Mike.
Answered on 3/01/12, 2:44 pm