Monday, 23 February 2015

My divorce was final in February 2004 and our decree stated that my ex-husband had to sell our house and I was to pay him a full payment for...

Question

My divorce was final in February 2004 and our decree stated that my ex-husband had to sell our house and I was to pay him a full payment for every month the house did not sell. Yes, a full payment. Anyway after six months the house did not sell and so my exH still lives in the house. We also refinanced it in both our names sometime after that. NO we have never lived together or reconciled.

My question is now that he is ready to sell again. Does the refinance document override the decree as it is a legal contract signed after the divorce was final?



Answer

We would need to see your decree.

But my guess is: the refinancing changed the debt, not the ownership of the house. To whom was the house awarded in the decree?



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