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Asked over 3 years ago - Houston, TX
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I was awarded my home in the dirvorce case, but was asked to refinance it in my name and share (if any) proceed with the ex. Due to the credit crisis I can not find a bank to refinance. I offered ex settlement to sign over deed; she refused.
Can the judge find me in contempt or take my house from me? I have custody of the kids.
Given the current economic situation, of which most judges are aware, it is unlikely the court will find you in contempt. You may want to consider consulting with your attorney that handled to divorce and file a post-decree motion regarding the settlement and attempt to get the court to enter the settlement.
With all due respect your post doesn’t make sense.
Meaning how can it be that you were “awarded my home”, ordered by the court to “refinance” the existing mortgage on the home and yet now need a “deed“ to the home from your ex wife? Puzzling to say the least.
(Did your divorce attorney botch up the divorce decree or did you manage on your own?)
Because you were supposed to pay her something, if anything, indicates that the court found that the wife had a vested community interest in the home. And it should have fixed the value of that interest.
I think you need to hire a family law attorney to clean up the mess by going back to court, explain the difficulty in obtaining a new loan and ask the court to do what should have been done in the first instance.
That is, to amend the decree by a nunc tunc order awarding you fee simple title so that when money is available you can refinance. Obviously that was the court’s intention or it wouldn’t/couldn’t order you alone to obtain new money.
Someway the ex wife’s equity will need be secured, but let the attorneys and the court sort that out so that it doesn’t jeopardize the chances of finding the money.
If the court won’t reopen the case, I don’t know what to offer except to say that the judge can’t find you in contempt unless you have willfully disobeyed the court’s order. And you haven’t done that. The bankers did.
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