Often a divorcing couple’s most valuable asset is the marital home. In a divorce, couples are concerned about how to divide the equity in the home, which is the difference between what the home is worth and any mortgage on the home. To divide the equity, the house must either be sold or one of the parties can buy-out the other’s interest. If one spouse is keeping the home, we often build into a settlement agreement that the mortgage has to be refinanced to take the other spouse’s name off the mortgage.
If your ex doesn’t refinance the house as agreed, there are a few things that you need to be aware of. First, there is no way to get your name off the mortgage except for paying it off- whether it be by refinance or selling the home. A mortgage company will not accept your settlement agreement and remove your name just because you and your ex agreed to that.
Second, you should contact the mortgage company and make sure that your ex is paying the mortgage in full each month. Until the refinance is complete, your credit remains linked to that house and mortgage. Your ex holds the ability to destroy your credit by failing to pay the mortgage during the refinance period.
Finally, if your ex cannot refinance then the house should be sold. If your agreement provides for this, you also want to make sure that your ex is continuing to pay the taxes and maintenance on the house. Their failure to do so may result in your ultimate share of the net proceeds being reduced.
If your ex is obligated to refinance the marital home and has not done so, the attorneys at DeTorres & DeGeorge can help. We routinely handle post-judgment issues such as these and will aid you in wrapping up these loose ends. Call us today!