Legal Question in Family Law in Ohio

mortgage still in husbands name

my husbands ex wife got their home in divorce. she was to refinance the mortgage into her name within 3 years. the value of the home has dropped and her redit will not allow her to refinance. home still in my husbands name. what can we do?


Asked on 3/29/09, 5:38 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: mortgage still in husbands name

Family law court has no real jurisdiction when it comes to consumer credit laws. For this reason, the courts like to see that the transfer of assets where there are liens are done ahead of the divorce or there are sufficient assets to cure a problem like this one. You can file a motion for contempt of a court order, but even if she is found in contempt, if she doesn't have the ability to finance, you won't accomplish much there. Perhaps he can negotiate some sort of a solution with the lienholder.

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Answered on 3/30/09, 10:29 am


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