Former spouse un-cooperative with Refinancing

[Tonystar1]

What is the name of your state? Nevada.

I received title to my house in my divorce of five years ago with no quit-claim deed from my former spouse. I now wish to re-finance my home, but am not receiving any co-operation. Do I have any options with the divorce documents, or is the only answer some type of litigation?

Thank you,

Tony

 

[I AM ALWAYS LIABLE]

What is the name of your state? Nevada.

I received title to my house in my divorce of five years ago with no quit-claim deed from my former spouse. I now wish to re-finance my home, but am not receiving any co-operation. Do I have any options with the divorce documents, or is the only answer some type of litigation?

Thank you,

Tony

My response:

First of all, you didn't "receive the title" - - as long as your former spouse's name is still on the title.

So, what does your decree say about this, and what was the "legal consideration" for her to sign a Quit Claim Deed; e.g., was there an offer to buy out her Community Property interest?

IAAL

 

[Tonystar1]

Nevada Re-Finance Mess

Thanks for your reply to my Nevada situation. Five years ago, my divorce decree stipulated that I should re-finance my house within eighteen months, pay my former spouse a sum of 3K, and she was directed to sign a quit-claim deed. She did not follow through with signing a quit-cliam deed. I wish to re-finance at this time, (my second try), she had agreed to sign, but springs on me that she wants half of the equity due in the house. My mortage broker is attempting to record the divorce decree, and clear the issue so that the loan is in my name. I want to know my options.

Thanks,

Tony

 

[HomeGuru]

One option is that you can go to court to enforce the agreement she made to sign title over for the $3K in the refi.

 

[JETX]

"my divorce decree stipulated that I should re-finance my house within eighteen months,"
*** First, I doubt that it says you SHOULD refinance. It more likely says YOU ARE TO refinance within 18 months. Correct???
Second, why didn't you comply with the court order???

 

[HomeGuru]

Maybe the writer thought the 18 months was in dog months and he had more time.