Legal Question in Family Law in Tennessee

Re: Divorce

In order to accurately answer your question, I would need to see your divorce decree. If yours was an uncontested divorce, the details of your obligations should be spelled out in your Marital Dissolution Agreement. If you had a contested divorce, the obligations will generally be determined by the language used by the judge in his or her Final Decree. If there is no mention of you being required to refinance, it is my belief that you do not have to. The terms of the agreement should prevail. I can not promise you that a judge would not find from an equitable standpoint that you should at some point get his name off the mortgage, particularly if you stop paying the note timely. But I am not familiar, without doing additional research (which I have not done in answering you question), with any authority the court would have to force you to refinance where the obligation is not in the court's order. Good luck.

Re: Divorce

If it is not specifically stated in your divorce decree that you have to refinance the house, then you do not have to and he cannot force you to. That was his mistake whgen he got divorce. He should have made you do it then but he didn't so he's SOL.