Motion to force a refinance?

[co-dad]

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

I have three kids (youngest 10), am primary parent, was divorced 2 years ago. An arbitrator was ordered for listing/sale/proceeds of house. My spouse was ordered to vacate the house, and we were to sell the house by 6 months. It took longer than that for spouse to remove property from house. Approx. 11 months after divorce, was asked by their lawyer what I intended to due about the house. I had already had four realtors provide estimates/listing bids, but told lawyer I had never received concrete input from spouse on how to proceed (house needs some maintenance for sale).

It is now two years following divorce. I would like to refinance to reduce payments by $500/month - it'll take a while for house to sell when it's put on market. My spouse is on title, but not mortgage. Any refinance would require her signature on new title. My spouse doesn't discuss this -- saving me money isn't important even if it benefits the kids.

I'm trying to figure out how to refinance and file a motion to have order this to be done.

a) Can I ask that a quit-claim be files (removing spouse from title), but still have them receive proceeds when the house sells? I can't buy them out.

b) Can I ask that the court sign the title transfer paperwork on my spouses behalf? I.e. go ahead with refinance with spouse on title.

 

[mistoffolees]

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

I have three kids (youngest 10), am primary parent, was divorced 2 years ago. An arbitrator was ordered for listing/sale/proceeds of house. My spouse was ordered to vacate the house, and we were to sell the house by 6 months. It took longer than that for spouse to remove property from house. Approx. 11 months after divorce, was asked by their lawyer what I intended to due about the house. I had already had four realtors provide estimates/listing bids, but told lawyer I had never received concrete input from spouse on how to proceed (house needs some maintenance for sale).

It is now two years following divorce. I would like to refinance to reduce payments by $500/month - it'll take a while for house to sell when it's put on market. My spouse is on title, but not mortgage. Any refinance would require her signature on new title. My spouse doesn't discuss this -- saving me money isn't important even if it benefits the kids.

I'm trying to figure out how to refinance and file a motion to have order this to be done.

a) Can I ask that a quit-claim be files (removing spouse from title), but still have them receive proceeds when the house sells? I can't buy them out.

b) Can I ask that the court sign the title transfer paperwork on my spouses behalf? I.e. go ahead with refinance with spouse on title.

You can ask for a). But the court probably won't order it if ex objects.

I don't think you're likely to get b) under this scenario. You could, however, get a court order for ex to sign the paperwork - which would amount to the same thing.

 

[LillianX]

The court can order her to sign the paperwork. Note that this won't get her name on the loan.

I can't imagine a court ordering someone to give up their interest in a property in this specific circumstance.

 

[co-dad]

The court can order her to sign the paperwork. Note that this won't get her name on the loan.

Thanks - she's actually not on the existing loan, but is on the title. I'm not trying to cut her out of the proceeds, I'm just trying to figure out how to pay less to the bank (I have excellent credit).

Given an order to sign, how can one compel a person to sign? Loan documents need to be signed within a specific period of time and there's a financial penalty if I don't follow through (fees, etc). She could stall until the loan period is past. I know I could then file contempt, but I'm still out the money and without a refinance.

 

[mistoffolees]

Thanks - she's actually not on the existing loan, but is on the title. I'm not trying to cut her out of the proceeds, I'm just trying to figure out how to pay less to the bank (I have excellent credit).

Given an order to sign, how can one compel a person to sign? Loan documents need to be signed within a specific period of time and there's a financial penalty if I don't follow through (fees, etc). She could stall until the loan period is past. I know I could then file contempt, but I'm still out the money and without a refinance.[/QUOTE]

Then you would sue to recover your money. If it happens the way you are describing, then you'd have a better chance of getting a court order to do what you want without his signature. It's not going to be easy, though.