What is thee best course of action if ex never refinanced the house therefore I never signed over the deed to the house.
2 attorney answers
There's the legal answer and the practical answer. I'm going for the practical with a touch of legal.
First, 6 years ago the real estate loan market was recovering from a shambles due to the incredible greed and stupidity of the mortgage market so your ex may not have had the ability to refinance then; only recently has the loan market gotten to the point that getting a loan is easy..
Second, you stated the calculation that resulted in your share of the house being $40,000 six years ago and said you got it. Have you had to pay anything towards the house since, or has your ex paid the mortgage, taxes, maintenance, cut the grass, etc. by himself?
Third, a lot of deeds say simply "$10.00 and other consideration" because that's all that is required for a valid deed.
If you came into my office and recited these facts, I would not take your case and would suggest that you stop being greedy.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
Unless it says somewhere in the Settlement Agreement or Order that Husband was obligated to refinance the house, Husband was not legally obligated to refinance the house. You should consult with a Real Estate/Divorce lawyer in your area to review all relevant documents and determine what obligations, if any Husband had and potentially violated, as well as how to force him to do the ones he did have.
This post is not intended to create an attorney-client relationship, nor should the information contained therein be considered as legal advice. Each case is unique, and posters should seek independent counsel to handle their legal problems. This post is merely intended to be educational in nature. I am not your attorney, nor do I agree to appear in court for you by posting this information.
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