We own two houses. The court awarded one house to my ex and one house to me. According to the decree, we are each supposed to refinance to remove the other from the mortgage and we are each to sign a quit claim deed to the property awarded to the other. The problem is that neither of us can get a refinance. I don't qualify because my only income is $800/mo in spousal support and he can't qualify because he's so upside down in his house. He is now trying to force me to sign a quit claim deed for his house. I understand that the judge ordered us to do so, but that leaves me with no legal rights to a property for which I am still liable to the bank for the mortgage. The decree states ex will "hold harmless" but that means nothing to the bank if he decides not to make a payment.
Real Estate Attorney
Has he already quit claimed the other house to you despite your inability to refinance as well? If so, then he has already obeyed the order and you are not. If he has not, then both of you could ask the court what to do since you cannot satisfy the portion of the order where each of you is to refinance. In addition, if he has not quit claimed to you, then he has no reason to be demanding that you quit claim to him.
My answer is purely from a real property perspective and a divorce attorney may have additional comments for you.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. I am licensed in Arizona and can only provide general comments on matters outside of Arizona law. Actual legal advice can only be provided after a direct consultation in which all of the relevant facts are considered before providing a response.
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