Legal Question in Family Law in North Carolina

I have a statement in my divorce papers regarding refinancing a loan. It reads: ‘That the Plaintiff shall use her best efforts to refinance the equity line at (bank) within 90 days and shall hold the Defendant harmless from that debt.’ I have been trying to refinance, but I am disabled and after COVID-19 my credit is not great so I have not been able to secure a loan. I have made several attempts - my best efforts - without success. I don’t want to lose my house. Can my ex-husband force me to sell? I am making my best effort and have been turned down multiple times. Thank you for your help.

Asked on 9/08/21, 2:50 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Depends on whether you did your own divorce or if you had an attorney. If you did your own divorce, odds are you screwed something up. If so, with things as important as a house involved that was a stupid thing to do. If you had an attorney, you should be fine and it depends on what the rest of the divorce paperwork says. The phrase 'use best efforts' is definitely skewed in your favor as it does not require you to get a loan, just to make your best effort. If you have made your best effort and can not get a loan, very likely you can just keep paying the current loan and keep the house but again it all depends on what the remainder of the divorce paperwork says. If you had an attorney, you should direct your question to your attorney. If you didn't, you need to consult with an attorney now to find out how bad you screwed yourself. Best of luck.

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Answered on 9/08/21, 4:01 pm

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