Exwife wont refinance the house after 4 years of divorce?

Bianca
When my husband and his ex-wife bought their house they were having trouble and she did not want her name on the mortgage of the house. My husband and his father are on the mortgage. After they purchased the house my husband and his father added her to the deed.When they divorced my husband got the house, but she never signed a Quit Claim Deed to him. He also got stuck with $17, 000 in debt from credit cards that she got in his name that he knew nothing about (We live in a title state where debt is the responsibility of the person whose name is on the acct.). So, he lived in the house for about a year and a half after the divorce but with that debt that he had to start paying on he couldn't afford the house and decided he would sell it. He put a for sale sign in the yard and when she found out that he was selling it she asked if she could just refinance it in her name and he agreed. The problem is that he didn't get it in writing from her and let her just move in and take over the payments. It wasn't really a problem at the time because we decided to rent until we got married. Well, about a year ago we started looking to buy a house- I can't qualify for enough to buy anything reasonable on my own so I needed him to cosign. He couldn't cosign because his debt to income ration was too high because the other house is still in his name and we don't have any kind of lease purchase agreement or anything from her. So he talked to her about it and told her she needed to refinance it. We contacted the mortgage company and in order to do that he had to sign a Quit Claim Deed to her, so he did. Well, she sends in all of the paper work and gets turned down because her credit is bad. She never filed the Quit Claim Deed though, she just sent it in with the mortgage paperwork. We have since entered into a 2-year lease purchase agreement because we figured that would be enough time for her to clean up her credit and be able to get the house in her name. My husband is getting all of his ducks in a row and getting ready to discuss this with her again and tell her that she has to finance it by X date. Is there any kind of legal recourse we could take? We have an appointment with the attorney, but I was just wondering in the meantime if anyone knew. She is paying the mortgage on it and hasn't been late, but this is holding us back. Is there any way we can sue her into purchasing it or moving out?

Cyril
The husband need to have an agreement draw up to have her sign for selling the house, file a motion in court and have a court order stating that she must do certain things in order to sale the house...but since you are seeing an attorney, he/she will tell you what to do

An
Unfortunately, with the economy doomed, even people with unbelievably great credit cannot get a home loan or refinance these days. Not even banks are loaning other banks money. If she has a lot of equity in the home she may be able to find a loan. There is one thing you could do...offer her a financial reward. Dangle some money in front of her. Perhaps some extra holiday cast could motivate her to take some fast action. I know it sounds strange paying the ex, but I would rather pay my ex then pay an attorney.