We were ordered to sell the jointly owned house and I was supposed to stay in it and pay the mortgage until the house sells. We did not realize the value of the house fell drastically, so the only way to sell it now would be a short sale. Instead we decided it would be better if my ex-husband moves in to the house and refinances it in his name only, but we need to modify the divorce settlement in order for him to refinance. We both agree to the terms, so there is no need for court hearing. How can we modify the settlement as soon as possible?
Family Law Attorney
You may file a Stipulated Order Amending Divorce Judgment with the court. Indicate the change that you are seeking, indicate that nothing else about the original order should be changed, indicate that the parties are in agreement and that no hearing is necessary, make sure you both sign it.
Good luck with your situation. If you believe you may wish to hire a lawyer to help, please feel free to contact me. DISCLAIMER I am a lawyer, but I am not your lawyer unless you come to my office and we sign an engagement agreement. The answer provided here is for general purposes only, and does not presume to correctly address your particular circumstances. My answering this question does not create an attorney/client relationship.