Our divorce was finalized a month ago and my ex still has yet to attempt to refinance the house. We filed a joint petition and we agreed he would stay in the home and I would receive a buyout. We never specified on the divorce forms when he would refi and I was unaware that I needed to specify a certain time frame.
Now I have asked several times about the refinancing and he keeps telling me he either has no time or he is working on it. There were a few times he said he would wait and do it in a few months, just to be spiteful because he feels I do not deserve my portion of the home. I'm just wondering what options I have at this point. I was told to file a generic motion and request a change in the settlement. Do you think this is the best method for this situation?
The short answer is this: a court can impute a reasonable time. That typically is 90 days. So if your case just got done a month ago, I would say that unless you have proof of a refinance being completed or at least in the works by August 1st, you would then reserve the right to file a motion with the court. It takes time to get a refinance done but the process she be well underway by the end of July. It won't be contempt as there is no order that says there was a deadline and he is beyond that date. He had better make time or he could be responsible for attorneys fees if you have to enforce that provision of the agreement. Give him time but if you have no proof of movement on the refinance by the end of July, you should file a motion. We offer free legal consultations.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements