Legal Question in Family Law in New York
Remortgage issue
My sister-in-law was divorced last year, her ex-husband was supposed to remortgage their home right away in order to get her name off the mortgage. She would like to move on with her life and purchase a home but with her name stilll on their mortgage is unable to and her lawyer doesn't seem to be helping her without charging her more money, what can be done to make him remortgage so she move on with her life
2 Answers from Attorneys
Re: Remortgage issue
Difficult situation. You would have to file a contempt motion if he fails to follow the terms of the settlement agreement - which is merged into the divorce.
Mike.
Re: Remortgage issue
About the only thing to do to settle the matter is to move the original court with a motion to either remortgage the house, or to sell the house, which would be the same effect to your sister-in-law.
His defense to a contempt is that he is unable to refinance due to his finances etc.
So if he can't refinance, then he must sell the house. If he really wants to keep the house, he will find a source of money - real quick.
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