STBX got the house in the ED Agreement. There is not an equity in the house, it may be worth less than what is owed on loan. My attorney never addressed the issue of getting it refinanace into her name. Can that be readdressed after the ED is filed in the court system? Also, my attorney wants me to sign a “Special Warranty”, what is that for?
Thanks.
If the court has not issued a final equitable distribution order you may seek language requiring a refinance. I would not advise you sign the Special Warranty Deed (this releases your ownership rights in the home) until your name is off the loan debt.
If the ED agreement has been filed, if was through a mediator and we both had an attorney, can this be re-evaluated or is it a done deal? I do not want to take the home from her. If she wants it she can have it, but I would like to eventually get my name off the loan as we still owe 20+ years.
If the agreement has already been executed the only way to change or add to its terms would be to execute an amendment to the original agreement. This requires the consent of both parties.