Can I Be Forced To Sell The Home While Divorce Is Pending?

Question:

I was granted the marital home while our divorce is pending with an agreement in place that prohibits the sale of the house.

Now my wife’s divorce lawyer asked me to provide a letter of pre-approval of refinancing or they would force the sale of the house.

Can they force me to sell or refinance the home while our divorce is pending? My mortgage company said they will not refinance with me until the divorce is final and I officially am awarded the home.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.

Based on the facts you are providing it sounds as though you were granted the house during the interim divorce proceedings.

A court can force the sale of a house, but this is typically left for final trial. The court can also set a deadline for refinance.

You are correct that most, if not all lenders, will not refinance the mortgage on real estate during a pending divorce. It is not typical to force a sale during the divorce, though, so unless an application has been filed, this is just preemptive.

You should hire a divorce attorney to send discovery and to determine who should be awarded the home and what kind of documentation you should provide.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.