Legal Question in Family Law in New York
Refiance or Sell
My ex wife was told in the settlement of our divorce she had to refinance or sell our home by 2 years after the divorce which was end of April 09. I had my old lawyer send her a letter of my intent to take her back to court early April if she hadn't completed either the sell or a refiance. She put the house on the market at the last possible moment. What can I do or what should I do? All I want is my name off the mortgage? My current lawyer tells me I just have to wait until it sells - however my understanding of the agreement was that she had to do all of this BEFORE the 2 year timeframe. I'm a little ticked off that now I have to wait on her to do what she should have already done. What can I do?
1 Answer from Attorneys
Re: Refiance or Sell
I agree with the advice from your current lawyer. As long as the mortage is being paid, you should wait to allow her to sell the house which will, essentially, remove your obligation from the bank.
Mike.