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Tags >> refinance
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Posted by Matt Allen in William Halaz III , spousal support , refinance , Nancy Shannon , moving children out of country , marital home , Legal Strategy , Jason Bowman , international , divorce , Cordell Cordell, PC , Ask A Lawyer
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Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
- She was ordered to refinance the home but she still doesn't qualify and now the creditors think I'm liable. What can I do?
- We are U.S. citizens but married in another country. We are planning on getting divorced. Can I return to my country after the divorce? Will I have to pay child and spousal support?
- In the divorce papers I was served with there are numerous false statements. I realize I have 30 days to respond, but I have no idea where to begin.
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Posted by Matt Allen in William Halaz III , refinance , Nancy Shannon , Modification , marriage status , marital home , Jennifer Paine , Jason Bowman , daycare , counseling , Cordell Cordell, PC , Ask A Lawyer
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Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
- If I never turned in our marriage certificate to the clerk, am I still legally married?
- I've been making the mortgage payments during the divorce process so is the home mine during this time?
- Can I request the kids be taken out of daycare if they're old enough? Why do I pay for that and child support?
- Do I have to pay half of our child's counseling fees if there is no court order and my ex set it up without input from me?
- My child's mother is moving states and leaving my child to live with a friend. I'll still be paying child support. Shouldn't she have to pay as well since she's leaving the child or can I have more obligation reduced?
- My ex has a court order to refinance the mortgage, but has already been denied once. What happens if she can't refinance?
- My ex is paid off but I still owe the state a lot of money, the majority of which is surcharges that will keep piling up. Do I have any options?
Question: In the divorce settlement it was agreed that I would refinance our former home and release my ex-wife from liability. But in today's housing market, I cannot get a bank to refinance.
So are there other ways to get her name off the loan? And what are the consequences if I cannot get her name off the loan; what can the court force me to do?
Question:
My STBX and I both have our names on the house, and we both agree that she should keep the house. However, I am concerned that she will struggle to pay the mortgage, and if she is forced to foreclose then my credit is ruined as a result. Will she be required to obtain refinancing in her own name (the time period I assume is negotiable) or force the sale of the house if she can not get refinancing within the time period negotiated?
As a note, she does not make enough money or have the credit to obtain financing. She claims she can make it work but I am still unsure. What are your thoughts?
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Posted by Dads Divorce in refinance , Maintenance , loan , hold harmless , debt , Child Support , car , AZ , automobile , asset , Ask A Lawyer
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Question: My divorce 3 months ago ended in disaster for me. Go figure. Anyway, she was awarded her car in the end. The decree states she is "responsible for the debt of the car and will hold me free from all payments and debt in connection therefrom." If my name is still on the car note, am I not still responsible for the debt? Doesn't she have to remove my name from the loan? Answer: I cannot answer your question specifically to the laws of Arizona as I am not licensed in that State. Generally the family court cannot force someone to refinance a loan (mortgage, car, credit card ect). The parties can agree to refinance or sell in a settlement and the court will sign off on the agreement. I do not see the refinancing of automobiles very often. It is usually the marital residence that is a concern. She is required to hold you harmless from the debt on the loan. If she fails to make payment you can sue her for the payments that you make and any harm to your credit rating. Often you will get attorney fees in this situation.
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