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Can my ex-husband force me to sell the house if I cannot refi?

Dallas, TX |

My ex and I split 2 years ago, divorce was final in 2/09. I was awarded the home where I live with our 7 year old child. As a former SAHM, now self-employed, I've been having difficulty qualifying to refinance to take his name off the loan. I have paid him the equity I owed him from the decree. He is subtly threatening me that he can force the sale of the house (on the advice of his attorney). My attorney says that no judge will force me to sell a house where a minor child lives AND I am competently making the payments. I realize its a hardship on him, he cannot buy another house while this one is on his credit. What options do I have? CAN he force me to sell? In this housing climate, the house could be on the market for a year! What options does he have?

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Attorney answers 1


You need to look to your divorce decree for the answer to this question. Does it require that you remove his name from the property? If so, he may be able to get a judge to allow the sale of the house. If there is no such provision, then it is unlikely that any judge would require the sale. My guess is that the Decree does not require the sale and that's why his threats have been "subtle" instead of his telling you what his rights are and proceeding to exercise them.

This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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