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Can I lose my house after it was awarded to me?

Tulsa, OK |

I have been divroced for 5 years. My wife didn't want the house and I did. The judge awarded it to me and I was supposed to assume the loan and hold her harmless. I never assumed the loan or refinanced. I never even tried to. I have been late on at least 6 payments per year, sometimes over 90 days. My credit is not good and I know I won't be able to refinance. I have been served papers for contmept and a motion to vacate the property settlement. What will happen at arraignment? Do I even have a chance of keeping the house? Both of our names are on the mortgage and the deed. What happens if I am guilty of contempt? She can afford to refinance the house, do you think the judge will let her have it? SHe also asked for attorneys fees. Do I have to pay these?

Attorney Answers 1


First, you really need to get in touch with a local attorney. I am answering this in an attempt to give you some guidance.

The contempt hearing is precisely because you did not comply with the court order that you were to refinance the house. I am sure she is quite upset because, since she is on the mortgage as well, your are likely damaging her credit. Because of this she may not be able to refinance it.

Thus, she may, in fact, may try to force the sale of the house, or simply retake possession of it.

Again, I would seek the advice of a local attorney, as many will at least give you a free consultation.

Nothing in the answer provided should be considered legal advice because all cases and facts are different and require a thorough examination of the facts by an attorney before any decisions are made.

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