Equitable distribution, co-signer on a loan


#1

Question: Can the judge make me remove the name of my ex from a loan (or force the sale of the property) if there has already been a ruling that said real estate property is non-marital?

Senerio: My ex- and I were seperated before and had exacuted a filed seperation agreement. After a little more than year we reconcilled with out getting a divorce. When we orgionally seperated the agreement stipulated that I maintained the primary mortage and a 2nd mortage (does not say what 2nd mortage only that there is a 2nd mortage on the property) on the property and that the ex transfered any and all right to the property solely to me and that I payed her an agreed upon amount of money. This was done and exacuted (title transfer). During our reconcilliation peroid (@2.5 yrs) we refinanced the 2nd mortage for a larger amount of money. My ex claimed that when we reconcilled that made the prior exacuted agreement void. The judge ruled otherwise and upheld the prior agreement and ruled that the property was non-marital. So… what is being 'fought over" in equitable distribution is any property from date of reconcilliation til this seperation date. My ex- states that they want their name off of the 2nd mortage (their name is not on the primary mortage) and believes the judge will force the sale of the property to acheive this goal. With the current housing market the home’s apprasial is less than the value of the combined mortages and so the property can not be refinanced to acheive their goal.


#2

Yes, a judge can order you refinance to take the other party’s name off the debt. Will that happen? Not necessarily if you can show that you cannot get a loan for that amount.