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Who pays for the re finance, after divorce?

Milwaukee, WI |
Filed under: Divorce Divorce decree

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


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: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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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 could be considered attorney advertising.

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She is responsible, not you.

My answer does not automatically make me your attorney or create a former-client/current-client relationship with you. I encourage you to speak with an attorney before acting upon any of the statements I make. If you would like to speak with me further about your issue, please schedule a free initial consultation (in person or over the phone) by calling my office at (920) 459-8490, or by emailing me at You can also visit for more information.

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