Who pays for the re finance, after divorce?

Asked over 1 year ago - Milwaukee, WI

My Wife wanted the house after divorce. the Decree states, that she is responsible for outstanding financial obligations, and the other party shall be held harmless.

after a year later, she now wants to re fiance, and she wants me to pay half of the cost. My name is on the title and the mortgage. No where in the decree does it say anything about me paying to her or for the house.

Attorney answers (3)

  1. Nicholas J.B. Pasquale

    Pro

    Contributor Level 12

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    Answered . She is responsible, not you.

    My answer does not automatically make me your attorney or create a former-client/current-client relationship with... more
  2. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Answered . It sounds like your wife is solely responsible for this expense; however, I suggest you have your divorce documents carefully reviewed by a local attorney to be sure. Also, the fact that your name is still on the title and mortgage means you may have an interest in cooperating (or not) depending upon the circumstances regardless of what the divorce documents require. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . So don't pay.

    But remember: the bank is not bound by your divorce decree or settlement. You're still on the hook for the mortgage until she refinances.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.

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