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ne1967 · Jan 30, 2008, 01:53 PM

I am recently divorced. I share joint custody of my two children with my ex. In the agreement it states that we sell our family home and split the equity. I have since had a change of heart and would now like to refinance the property and pay my ex out her half of the equity.
She is not allowing this to happen. Can I file a motion to modify? And what are the chances of it being approved? I simply want to keep my kids in the house they know.

George_1950 · Jan 30, 2008, 02:39 PM

Is there a mortgage on the property? If so, who is paying for it? Does the agreement specifiy when the family home is to be sold and the equity split?

Fr_Chuck · Jan 30, 2008, 04:40 PM

You can try, they can object, up to judge to decide.

cdad · Jan 30, 2008, 05:46 PM

You can also ask your lawyer about it and if she agrees to a price and you can afford it then you most likely can enter a stipulation into your existing orders but she would have to agree. Otherwise its back into court. I tried to buy out my ex and you wouldn't believe how quickly realestate went up in the neighborhood!! Good luck and hope it works for you. Also if you do go to court have your ducks in a row and be prequalified so the funds and closing can take place otherwise it's a mute point.