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Why won't my husband persue exwife with attorney???

almost new mom's picture

Submitted by almost new mom on Fri, 09/14/2012 - 3:45pm

it has been two years and he still wont persue his exwife legally over real estate with his name on it???
i am at the end of my rope...has anyone had this happen???..how can you make them go see an attorney and retain one for the sake of protecting their current family????

Comments

Annanymous's picture

Submitted by Annanymous on Fri, 09/14/2012 - 3:55pm

You can't, and they won't unless they want to. He must want the exwife to have the real estate.

almost new mom's picture

Submitted by almost new mom on Fri, 09/14/2012 - 3:57pm

he does want her to have it and keeps saying he wants his name off of it..but he will text her and it goes back and forth and its constantly on her list of things to do..for two years she is working on it and on her list to freaking to do..do these DH actually believe what these EXWIVES tell them or are they just lieing to us????????

MarriedaBallessWonder's picture

Submitted by MarriedaBalless... on Fri, 09/14/2012 - 4:47pm

In most divorce decrees it is stated that the ex has 2 years to refinance and get the H's name off of it.

Your H needs to have this done. She could intentionally trash his credit.

almost new mom's picture

Submitted by almost new mom on Fri, 09/14/2012 - 4:06pm

i have contacted a real estate attorney and thats what they said..he just says no judge can force her to refinance..and he spoke to an attorney and they told him the same however they said they can draw up papers and give her a time line...good to know most CO will give her two years to handle it..

almost new mom's picture

Submitted by almost new mom on Fri, 09/14/2012 - 4:16pm

you are sooo right..he yelled at me today and told me to let him be the man and take care of it...i told him you have had two years to be a man and its not working...i also told him to retain a fu..ing attorney and protect your family..he isnt speaking to me...he better ponder the thought and deliver or he is gonna have two exwives...

lawyergirl06's picture

Submitted by lawyergirl06 on Fri, 09/14/2012 - 4:36pm

Here is part of the problem. The court can order her to refinance but if she is unable to, the court cannot force her to do so, nor can they force a bank to. It's a separate issue of his divorce action and so the court only has limited power. He may be unwilling to pursue it because if he angers her she just lets it go into foreclosure and that will really screw him. What he can do is contact the bank, since he is on the loan, and see what needs to be done and see if she can be approved on her own. If not, then he could ask the court for an order forcing her to either sell the property or in the alternative refinance as long as she is able to do so..

StickAFork's picture

Submitted by StickAFork on Fri, 09/14/2012 - 9:07pm

If she wasn't ordered to re-fi/sell the house in the decree, then there's nothing that he can do. He willingly bought that house with her. Period.
My DH bought a house with BM. They split. She got the house. She didn't have to EVER re-fi it. Sucked, because then she stopped making payments, and DH either had to pay them or let his credit get screwed.
Niiiiice. Oh, but the judge DID order him off the deed. So, no name on the deed, but still financially responsible for it.

Look into it a bit. Your DH may not be getting an attorney to force this because it would be a waste of time and money.

AlreadyGone's picture

Submitted by AlreadyGone on Sat, 09/15/2012 - 12:23am

If he wants her to have the property and there is no underlying financial issue, i.e divsion of marital property, etc. and he simply wants his name off of the property, he should initiate a Quitclaim Deed. He doesn't need her permission or acceptance to do this. Now, if he expects her to pay him for his portion of the interest in the house, that is an entirely different story.

Good luck. Smile