Property after seperation & divorce


#1

Dear Dapples21,

If your husband has a separation agreement that specifically states that his former wife was to refinance the loan within 1 year of their separation, and she has not made any attempts to do so, then he may have an action against her for specific performance or perhaps breach of contract. However, if she has made a good faith effort to try to refinance the loan, and cannot qualify, there may not be anything your husband can do, and a breach of contract action will only cost him money he may not recover. Either way, if he sues her, keep in mind that nothing will happen quickly, as civil actions tend to take several months.

However, if your husband and his former wife have a Consent Order (which is a court order to which the parties have agreed upon the terms), then his remedy may take less time. He can file a Motion in the Cause, which is basically an action for contempt.

I hope that helps!

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband & I have been married for three months. His ex-wife was supposed to try to have the morgage out of his name within a year of seperation. She still has not made any attempts to do so. I their anything legally that we can do speed up the process. We are both afraid that she will not pay mortgage and it will go under forclosure and on my husbands credit. they have been divorced for a year and seperated for three. What should we do??[?]