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I'm recently divorced and my ex-wife can't refinance our house, so now I can't get a loan to purchase my own house???

Holyoke, MA |

What can I do??

Attorney Answers 5

  1. Sorry you are going through this and this is very common so don't feel alone. There should be a provision in your sep agreeement that deals with this, she must have an obligation to refinance every few months or expunge the loan? If not, you can go to court and modify the order or file a contempt depending upon what your agreement states. Take care and i wish you all good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. This type of scenario is becoming more and more common given the stricter financing requirements. This would be a very good situation for mediation. If your divorce agreement does not say what would happen in the event she can't refinance, the only options are attorneys and court - meaning a judge would have to decide, or the two of you figure out how to deal with this situation by agreement with the help of a neutral third party mediator. There are various options that a mediator could explore with both of you, such a time frame requirements, considering selling the house etc. These options can be better explored with the two of you together. You may have come to the agreement that your wife stay in the home for reasons that are still valid, so these concerns would need to be factored in. If children are involved, mediation is a great option for this type of issue. You should make every attempt to keep the conflict between the two of you from escalating over this issue for the benefit of your children.

  3. Your attorney should have dealt with that in the divorce settlement. Since that didn't happen you'll have to work it out directly with your wife through mediation (usually the best and cheapest option) or you will have to seek legal assistance to modify the existing agreement (often an expensive option with no guarantee of success.)

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

  4. I am guessing that you didn't retain an attorney to assist you in the divorce process, since this contingency was not addressed. I recommend that you retain counsel now to see if something can be done to effectuate your separation agreement or perhaps modify it.

  5. My colleges are correct. perhaps you can visit an attorney who will offer a free consultation, in which you should bring all of your paperwork related to the divorce. The attorney should be able to assess your situation and provide you with some alternatives.

    You can also file a Petition to Partition to force the sale of the house. This may take as long as one and a half years to complete, and should be filed in the Land Court. There are many factors to consider when utilizing this option. Please consult an attorney for advice.

    You are not alone. This is becoming more common.

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