I want to keep marital home - can I be forced to sell?


#1

I want to keep our marital home, but I have heard that I would need to refinance in order to get STBX’s name off the loan. My income alone is not enough to qualify me for a refinance. I have 2 separate properties I plan to rent out to help pay the mortgage (and eventually help in qualifying me for a refinance)…so paying the current mortgage will not be a problem. I have 3 children that will be living with me in our home.

Can the judge order me to sell the house if I want to keep it (and there are kids living in the home) yet I am unable to refinance right away? Is there a time-frame to refinance? Are there any other options?

Any information you can provide on this subject would be greatly appreciated.

Thanks!


#2

Erin,
Can you please respond to this?

Thanks so much!!


#3

The judge can order the sale of the home if it cannot be refinanced in a certain time frame. The reason is that your ex having their name connected with a mortgage debt can prevent their being able to purchase a new home. The time frame would be up to the judge.


#4

same scenario. My ex already has purchased his own home but is the sole name on the marital home mortgage. The judge ordered him to pay me spousal support and to pay the marital home mortgage. He is doing neither so we holding him in contempt. He says he cannot pay alimony and mortgage on the marital home because he has debts himself, including his own mortgage.

What considerations does a judge take if there is just not enough money to support both households. I cannot refinance and get a lower mortage because without alimony I do not have enough monthly income to qualify.


#5

The judge will consider the economic factors facing both parties, and make a decision based on what he or she finds to be the just solution.