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Posted on: 03rd Mar, 2010 10:52 pm
Hey, Can I use the same lawyer to take my ex back to court without paying more money. I hired this guy because he was an expert on divorces but he never told me that the court can't force her to refianance, she got a new husband, move to another state and got a new house with that loser but will not refiance the house...Can I ask to take over the house since she violated the court order and doesn't give an darn?
Please advice
hi pablo,

you can use the same lawyer to take your ex back to the court. but it is likely that he will charge you more money for this. does the divorce decree state that your ex needs to refinance the debt within a specific period of time? if it does, then she is in contempt of court. but if the divorce decree does not indicate clearly whether or not she should refinance the loan, i don't think you can force her to do so.
Posted on: 03rd Mar, 2010 11:38 pm
The divorce decree says that she must refinance and it gas the same effective date as our divorced. If i take her back to court, Can I make her pay for my lawyer's fees? she had the means to refinance but she chose to buy a house instead of taking care o f the loan...I am really sure that she can't finance another loan because of her debt ratio....Can I ask the court to take over the loan and keep the house
Posted on: 03rd Mar, 2010 11:48 pm
Hi,

If the divorce decree does state that she must refinance the loan, she will have to do so. If she does not, she will violate the court order and you will have the take her back to court. If she did not refinance in spite of having the financial ability to do so, the court can force her to refinance. If a refinance is not possible, the court can force a sale of the home and divide the proceeds among you and her. Contact a lawyer regarding how you can take legal action against her for violation of the divorce decree.
Posted on: 04th Mar, 2010 01:45 am
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