My ex-spouse was supposed to execute a quit claim deed conveying her interest in our marital residence to me within 10 days of the judgement of dissolution of marriage, & failed to do so. I am supposed to have her name totally off the mortgage by sept 1st of this year, and now do not have time for the assumption to get processed. The papers state that if her name is not off the mortgage by specified date that I have to sell the house. Since she did not do her part in this do i still have to sell the house?
1 Answer from Attorneys
This area is very muddled. You could have gone to court and obtained a judge's deed transferring her interest to you. You only time you need the deed from her is when you do the actual refinancing. You have to be able to show the court you have been diligent in trying to get her off the mortgage. In reality the only was you get her off is a refinancing.