Legal Question in Real Estate Law in New York

deeds

If in my divorce it was stated that the house that my husband and i shared together was to be refinanced within a year of our divorce and it has been 4 years and he hasnt done it yet and wants to. And the name s on the deed to the property is in both of ours. Is he able to refinance without me signing off on the deed and do i have a right to refuse to sign off on the deed to the property? Or does he have to pay me a percentage of what it is assesed for?


Asked on 12/30/08, 4:36 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: deeds

I have repeatedly litigated this issue.

First, to answer your question. He is not able to refinance the property without you signing the mortgage or deeding him the property. This is because the bank's lien or mortgage against the property will be second to your claim of right.

What you must do is file a motion to enforce the settlement agreement. The Court will either force him to comply with the settlement agreement or will force a sale for the assets to be divided under the settlement agreement.

Mike.

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Answered on 12/30/08, 5:31 pm


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