Refinancing home out of Wife's name


#1

My fiancé has been separated for almost 3 years and is having trouble with her ex not selling or refinancing their home out of her name. He has been behind in house payments for the entire time. We want to know what legal options we have in forcing him to sell or refinance so she can start repairing her credit. I am pasting below the paragraph from their separation papers concerning the home.

The parties resided in the marital home located at XXX XXX XXX NC. There is a present mortgage indebtedness on the home. The parties agree they will list and sell such home. The parties specifically agree that the Wife and minor children shall to continue to exclusively occupy said home. While the Wife is in possession of said home, the Husband shall continue to timely pay the mortgage in the amount of XXX per month for a period of one (1) year, until the house is sold or until the date of any final divorce, whichever occurs first. The Wife shall be responsible for for and timely pay all other expenses related to said home, holding the Husband harmless from the payment of same. If the parties file separate tax returns, the Husband may claim any mortgage interest or like deductions for his state and federal tax reporting purposes. If the parties decide and agree to sell such home prior to the date of divorce or within the year following execution of this agreement, the parties shall divide the net proceeds therefrom, giving the Husband credit for the principal reduction effected by his monthly mortgage payments thereon.

Each party agrees to assign or transfer to the other the right, title and interest either may have in the property assigned herein contemporaneously with the execution of this agreement. Each party shall remove the name and liability of the other from all loans, notes or any other debt related to the property transferred herein. Each party agrees to accept full responsibility for and pay for any and all costs associated with he ownership of such property assigned herein. Each party shall indemnify and hold harmless the other from any liability resulting from the property assigned herein. Each party shall pay, holding the other harmless from any liability, for any debt or indebtedness on the property conveyed herein. This property provision is specifically incorporated with and is reciprocal consideration for the alimony provision set out herein.


#2

The wording of the agreement is a little vague. Typically if the parties are contemplating selling the residence, then the agreement will be clear that the house is to be placed on the market by a certain date, and that they would cooperate with each other in terms of selling. This provision seems to say that are going to sell on one hand, and then on the other it says “if they decide to sell” before getting divorced. The language isn’t very strong or clear, but if he is refusing to pay the mortgage payment, and the agreement obligates him to, then she can pursue a claim against him for breach of contract.