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Transferring property after a divorce
My daughter is recently divorced. The judgment indicates that the house goes to her ex-husband which she really has no issue with. However, the house title and mortgage is in her name only. As per the judgment, her ex-husband is now responsible to pay the mortgage – but, daughter is now unable to qualify for a new house. How is she supposed to get the mortgage and title in his name so she can move on financially?
In many divorce cases, the final agreement or decision by the Court will direct that the party who keeps the house must refinance it into his or her own name within a specific period of time. If the spouse who keeps the house fails or refuses to refinance within that period of time, the house will be listed for sale. Until the time that the house is refinanced or sold, the spouse who is in possession of the house generally is required to make the mortgage payment, pay the taxes and pay the insurance on the house. It will be important to review the actual document that awarded the house to your daughter’s ex-husband to determine exactly what her rights are regarding the house and her ability to compel him to refinance.