Refinancing after an anullment

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Latest post Wed, Aug 6 2014 12:47 PM by Drew. 14 replies.
  • Sat, Aug 2 2014 1:31 PM

    • RWells
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    Refinancing after an anullment

    My son is 28 years old, he was, married 3 years and 4 months. June of last year she up and decided she didn't love him anymore and wanted a divorce. They own a house they had been in a couple of years, and a car she financed solely in her name, and some credit card debt. I knew there had always been problems but my son confided in me that their marriage had never been consummated. He was patient and kept thinking things would get better. We went to a free consultation and the attorney told him he was within his rights to ask for an annulment, which he did and was granted September 2012. The house she did not want,  she took the car that was financed in her name and they split the crefit card debt, and she quit claimed the house to him. Now the annulment papers make no mention of refinancing, and nearly two years she files for a modification. He has paid the payments on time every month and shr continues to harass him about the credit card she forced him to keep. He pays more than the minimum each month and has never been late. She wants a time limit put on a refi that is not in the papers and wants her name removed from the credit card which her attorney wss supposed to take care of. He cannot refi financially as she was the major income when they purchased the house. He has moved on and is in a loving relationship and expecting his first child in December. My question is how do we get rid of this albatross and does she have a leg to stand on since she was the one who deserted him and was in such a hurry to get it over with that they left out the refi stipulation. Her attorney handled everything he is a  family freind and does not charge her the only one who will have to pay is my son, where do we stand? 

  • Sun, Aug 3 2014 1:03 AM In reply to

    • Carol757
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    Re: Refinancing after an anullment

    If she has filed for a modification of the property settlement, then your son needs to be working with a local attorney to respond to it.  No one here, however, can predict how a judge will rule on her modification or your son's response.   

    Your son does have a responsibility to refinance under the circumstances, even if it's not spelled out in the divorce/annulment agreement (it should have been).  The fact that his ex-wife is still on the mortgage could be preventing her from her from obtaining credit and moving on financially as well.  Your son can't blame her about the refinancing situation -- he's an adult and shares the responsibility here.

    Finally, there is no "we" in this situation.  You need to stand back and let your son take care of his own affairs.

     

     

  • Sun, Aug 3 2014 5:46 AM In reply to

    Re: Refinancing after an anullment

    I disagree- if there was no order to refinance- ( and your son has been making timely payments) there would be no grounds to now ask for him to refinance; it should have been addressed prior to the annulment , if she so desired( which stilld doesn't mean it would have been ordered as many parties are unable to refinance). Property settlement agreements. generally,  are not subject to modification .  They are subject to contempt- if a party doesn't abide to the existing terms.

  • Sun, Aug 3 2014 10:49 AM In reply to

    Re: Refinancing after an anullment

    Carol757:
    Your son does have a responsibility to refinance under the circumstances, even if it's not spelled out in the divorce/annulment agreement (it should have been).  The fact that his ex-wife is still on the mortgage could be preventing her from her from obtaining credit and moving on financially as well.

    A moral responsibility, perhaps, depending on your point-of-view, but not a legal one. He only must refinance if there is a court order telling him he must do so. If that didn't get into the order, he has no legal obligation to do it.

  • Tue, Aug 5 2014 5:46 AM In reply to

    • Drew
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    Re: Refinancing after an anullment

    I agree with Jo and taxagent , IF there is no requirement  to refi in the order, the EX has very little leverage to get it added now ...UNLESS your son drops some duty under the order and that gives her a window to open ,you post your son keeps up his duty per order ..keep it up.

    What that about son must keep CC to appease EX..in order or what?   



  • Tue, Aug 5 2014 1:28 PM In reply to

    • Drew
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    Re: Refinancing after an anullment

    You did not clarify the point about the Joint CC ..........

    In a way she is not an economic albatross for son...she cut a lousy deal and now  she wants to change it but in general property divisions are a done deal.

    That said, he needs to use counsel to defend against her attempts to modify...wo counsel on his side she might just get a very weak point into some revision and to refinance in his name might be a big task bordering on impossible if his income is low . 



  • Tue, Aug 5 2014 1:40 PM In reply to

    Re: Refinancing after an anullment

    RWells:
    how do we get rid of this albatross and does she have a leg to stand on since she was the one who deserted him and was in such a hurry to get it over with that they left out the refi stipulation.

    There is no "we" here.

    Your son is free to oppose his ex-wife's attempt to modify the judgment and should seek an attorney to handle on his behalf.  Without knowing the state in which your son obtained his annulment, it's tough to say too much more than that.

  • Wed, Aug 6 2014 8:40 AM In reply to

    • Drew
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    Re: Refinancing after an anullment

    In general if EX failed to raise a timely appeal as to property division order it's too late now to change it ...HOWEVER ..that may be short of absolute ...and your son would be better advised to use counsel  lest EX get a unguarded moment to get her foot back into the door.  As is a good possibility if she uses counsel and he does not...And be darn sure son does not drop any duties on his side of order that might give her an excuse to seek to reopen order. 



  • Wed, Aug 6 2014 10:00 AM In reply to

    • Carol757
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    Re: Refinancing after an anullment

    To clarify my comments.... while there may be no legal requirement to refinance, the OP asked "how do we get rid of this albatross?"  Severing financial ties to th ex-wife would be a step in the right direction. 

  • Wed, Aug 6 2014 10:25 AM In reply to

    • RWells
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    Re: Refinancing after an anullment

    He has severed all ties with her, she lives in another county 50 miles away. She continualy harasses him through text, since the annulment was final Sept 25 2012 she has threatened him numerous times as stated before he has moved on and has no desire to contact her in any way.

  • Wed, Aug 6 2014 10:34 AM In reply to

    • RWells
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    Re: Refinancing after an anullment

    When I see my son run over by a controlling *** who thinks she's entitled there's always going to be a we. She doesn't even pay for a lawyer as he's a family friend filing this frivolous crap for her free. She wanted out, she's the one who got an attorney who "dropped the ball". We raised our son right, when she wouldn't allow him to touch her for more than 3 years, took every penny he ever had and hit him, he never touched her and remained patient. What else does he need to do? If you have the nerve to say there is no we then you must not be a mother.

  • Wed, Aug 6 2014 10:40 AM In reply to

    • RWells
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    Re: Refinancing after an anullment

    Tennessee

  • Wed, Aug 6 2014 11:07 AM In reply to

    • Drew
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    Re: Refinancing after an anullment

    i don't follow the nature of your problem ..How to distance himself from Ex is sort of his problem....not your problem.

    If the order has no requirement that he refinance ..then so be it ...she is sort of stuck with that cloud? Not generally a problem for him unless the place burns down and there is a debate IF she is on insurance policy 

    So why rush to get her note.

    Whats this about joint CC.?

    in what other ways is she pestering him? 

    He tunes her out ? 



  • Wed, Aug 6 2014 12:05 PM In reply to

    • RWells
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    Re: Refinancing after an anullment

    He has distanced himself, the problem is the modifacation of marital dissolution she filed nearly two years after the fact, trying to make him refinance. If by joint cc you mean credit card, there was a Lowe's credit card in the agreement, he was to pay it and her name be removed. He us paying at and more than the minimum to get it off of him. He did remove her name from the account but Lowe's cannot/will not remove her name until the debt is paid off. Nothing he can do about that.

  • Wed, Aug 6 2014 12:47 PM In reply to

    • Drew
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    Re: Refinancing after an anullment

    She may be a pain..she is entitled to seek whatever it is she seeks ... But if the order is being maintained and the issue is being raised after the appeal window closed ..long ago...well the odds are NOT in her favor IF he defends with some legal talent.  But if he fails to defend with legal talent his odds drop to about those of Christians on the arena  floor in Rome with lions....



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