Ex won't refi my name off house....

[Bucky41]

A civil contract would NOT be enforceable by the divorce court or by filing a contempt action. It would be enforceable by filing a civil suit requesting specific performance. But she cannot force a bank to give him a loan -- or his parents a loan.

If OP doubted that her ex would be able to refi then she should have asked for an order that the house be sold immediately and no reasonable offer be refused -- if it was a short sale they each should have split the deficiency. If with profit, they each could have split the equity. She didnt' do that. Somehow she decided it was better to bring his parents into this.

Though I am confused -- if she divorced him why is SHE using the name John Milner on here? Because if this was not a divorce situation and this was a same-sex situation things would be different.

OG, How do you do what you stated above (bolded parts)? If buyers have signed a contract, how do you force an ex (or can you force an ex) to sign it? Not trying to hijack and I'll post another thread if need be - guess my quick question is can an ex just dig in his heels and refuse offers and force a forclosure?

 

[LdiJ]

OG, How do you do what you stated above (bolded parts)? If buyers have signed a contract, how do you force an ex (or can you force an ex) to sign it? Not trying to hijack and I'll post another thread if need be - guess my quick question is can an ex just dig in his heels and refuse offers and force a forclosure?

Well...he could, temporarily, but a judge could also give full authority to the other party to sell the home, without his signature.

 

[Bucky41]

Well...he could, temporarily, but a judge could also give full authority to the other party to sell the home, without his signature.

Thanks LdiJ, any suggestions/ideas on how to get a judge to do that? What would need to be filed?

 

[LdiJ]

Thanks LdiJ, any suggestions/ideas on how to get a judge to do that? What would need to be filed?

You file a show cause for contempt because he has not refinanced to remove your name from the mortgage. As your requested remedy you ask that you be given sole authority to sell the home and to sign any documentation related to the sale. Then you give the reasons for making the request:

1. He cannot keep a job therefore he cannot qualify for a mortgage.
2. His parents agree to do the refi for him but they will not honor their agreement.
3. The last time the house was ordered to be sold, he refused to sign any paperwork allowing a sale to go through.

Its possible, that if you file this, that his parents will get the house refi'd, if they can afford it, qualify for the loan, and are willing to risk their own credit. It may be that the reason they have not followed through is that they are afraid to risk their own credit.

 

[Bucky41]

Thank you so much for the information.

 

[Ohiogal]

You file a show cause for contempt because he has not refinanced to remove your name from the mortgage. As your requested remedy you ask that you be given sole authority to sell the home and to sign any documentation related to the sale. Then you give the reasons for making the request:

1. He cannot keep a job therefore he cannot qualify for a mortgage.
2. His parents agree to do the refi for him but they will not honor their agreement.
3. The last time the house was ordered to be sold, he refused to sign any paperwork allowing a sale to go through.

Its possible, that if you file this, that his parents will get the house refi'd, if they can afford it, qualify for the loan, and are willing to risk their own credit. It may be that the reason they have not followed through is that they are afraid to risk their own credit.

Bucky41 is NOT the op. And if Bucky41 is ALSO the OP then there are issues.

 

[HomeGuru]

Bucky41 is NOT the op. And if Bucky41 is ALSO the OP then there are issues.

**A: yes, major issues.

 

[Bucky41]

No, I'm not the OP. I have a situation in which the ex is digging in his heels not signing the contract to sell the home and I was curious if there are any legal remedies. That's why I asked the question. Wasn't trying to hijack or confuse anyone.

Sorry.

 

[Ohiogal]

No, I'm not the OP. I have a situation in which the ex is digging in his heels not signing the contract to sell the home and I was curious if there are any legal remedies. That's why I asked the question. Wasn't trying to hijack or confuse anyone.

Sorry.

It is hijacking and confusing because what you can do may be different depending on what YOUR orders state.

 

[Bucky41]

It is hijacking and confusing because what you can do may be different depending on what YOUR orders state.

Again, Ohiogal, I apologize. When I quoted your previous reply I was curious about certain suggestions you made. I thought I had made that clear, but I'm sorry I confused things.