husband won't finish divorce, until i refi house

[mzleah]

What is the name of your state (only U.S. law)? north carolina

My husband left me for another woman in february 2009. I did not ever file for divorce because there was no need for me, or so I thought. I was served a complaint for an absolute divorce on april 19, 2012. I did not object nor file a response. I figured that by now my divorce would be finalized. I went to the courthouse and according to them i cannot move forward on the divorce because he had me served and his lawyer must file for the date. So now Im stuck??? I asked my former husband to have his lawyer request a date. He said he would if i refinance or sell the house. I have paid the mortgage since he left. I cannot refinance according to my lender because i need a quitclaim deed or a divorce decree. So what do i do to get a divorce?? Please help me

 

[OHRoadwarrior]

Have the lawyers work out an agreement to solve the obstacle.

 

[LdiJ]

What is the name of your state (only U.S. law)? north carolina

My husband left me for another woman in february 2009. I did not ever file for divorce because there was no need for me, or so I thought. I was served a complaint for an absolute divorce on april 19, 2012. I did not object nor file a response. I figured that by now my divorce would be finalized. I went to the courthouse and according to them i cannot move forward on the divorce because he had me served and his lawyer must file for the date. So now Im stuck??? I asked my former husband to have his lawyer request a date. He said he would if i refinance or sell the house. I have paid the mortgage since he left. I cannot refinance according to my lender because i need a quitclaim deed or a divorce decree. So what do i do to get a divorce?? Please help me

You need either a quitclaim deed from your ex, or you need a divorce decree awarding you the house. Tell your stbx that you would be happy to refinance the house, but you cannot unless he gives you a quitclaim deed. Your plan to simply let the divorce happen by default wouldn't help you because then you wouldn't be awarded the house in the divorce decree. You would still need a quitclaim deed from your stbx.

 

[mzleah]

You need either a quitclaim deed from your ex, or you need a divorce decree awarding you the house. Tell your stbx that you would be happy to refinance the house, but you cannot unless he gives you a quitclaim deed. Your plan to simply let the divorce happen by default wouldn't help you because then you wouldn't be awarded the house in the divorce decree. You would still need a quitclaim deed from your stbx.

I have tried to get him to sign a quitclaim. He wants half of the equity in the house. I do not have the funds to fight him in court or to give him anything let alone half.

 

[Zigner]

I have tried to get him to sign a quitclaim. He wants half of the equity in the house. I do not have the funds to fight him in court or to give him anything let alone half.

Then sell the house and give him his half (equity)

 

[tranquility]

Tell your stbx that you would be happy to refinance the house, but you cannot unless he gives you a quitclaim deed.

Stbx would be an idiot to agree to this.

 

[nextwife]

You need either a quitclaim deed from your ex, or you need a divorce decree awarding you the house. Tell your stbx that you would be happy to refinance the house, but you cannot unless he gives you a quitclaim deed. Your plan to simply let the divorce happen by default wouldn't help you because then you wouldn't be awarded the house in the divorce decree. You would still need a quitclaim deed from your stbx.

Actually, SHE doesn't need the QC deed, the title company closing the refinance needs the QC deed. They need to hold it in trust subject to funding the refi and paying off the current open mortgage.

Deeds are typically provided through the closing process, not in advance of it.

 

[Ohiogal]

What is the name of your state (only U.S. law)? north carolina

My husband left me for another woman in february 2009. I did not ever file for divorce because there was no need for me, or so I thought. I was served a complaint for an absolute divorce on april 19, 2012. I did not object nor file a response. I figured that by now my divorce would be finalized. I went to the courthouse and according to them i cannot move forward on the divorce because he had me served and his lawyer must file for the date. So now Im stuck??? I asked my former husband to have his lawyer request a date. He said he would if i refinance or sell the house. I have paid the mortgage since he left. I cannot refinance according to my lender because i need a quitclaim deed or a divorce decree. So what do i do to get a divorce?? Please help me

Sue your ex's girlfriend for alienation of affection. That should be good for at least a million dollar judgment. Once you have that judgment, tell your husband you will exchange the judgment for the house free and clear -- he pays the house and you let his little harlot walk. This could work IF you do not have a new boyfriend. Heck when you file the alienation of affection suit against his lady love, he may bend immediately because North Carolina is known for awarding million dollar decisions -- the ability to actually pay is NOT a consideration in the amount of the lawsuit.

 

[LdiJ]

I have tried to get him to sign a quitclaim. He wants half of the equity in the house. I do not have the funds to fight him in court or to give him anything let alone half.

Could you refinance for enough to buy out his share of the equity? Do you even know for sure how much equity you have in today's market? At least get the house appraised so that you know what you are dealing with.

Then look at what other marital assets might exist...cars, bank accounts, 401ks, IRAs etc to help determine if there are any assets in his possession that you should be getting half of, and that could offset his half of the home equity.

 

[wavehopper27]

I agree with him not signing a quitclaim deed while his name is still on the mortgage. He would lose any interest in the property while maintaining a financial responsibility.