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diamondjim62
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Reged: 10/08/11
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Buying spouse out of the mortgage
      #764420 - 10/08/11 09:41 PM

I am currently in the process of getting a divorce. I live in Kentucky, and at first my spouse agreed for me to buy her out of the mortgage. She is getting 15,000 from my 401k account, and I am already approved for the home refinance. Can she legally refuse to take the buyout and just sell the house? I currently pay all the bills associated with the marriage.

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Renny
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Re: Buying spouse out of the mortgage [Re: diamondjim62]
      #764422 - 10/08/11 10:31 PM

Yes , she can refuse the deal. But what would she gain? Is there a Lot of equity? Is the market good? You might suggest mediation and see what she wants and what she will settle for.

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diamondjim62
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Re: Buying spouse out of the mortgage [Re: Renny]
      #764429 - 10/09/11 10:24 AM

I think she is trying to pressure me into giving her more maintenance. Can I make her go to mediation? If she refuses should I take it to litigation? It is just a case of spite right now, she won't agree to anything except what she wants.

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Renny
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Re: Buying spouse out of the mortgage [Re: diamondjim62]
      #764463 - 10/09/11 08:54 PM

You can't force her to mediate. You can wait. Does she need the 15k? Is the divorce worth more than 15k to you? Ultimately there's the right balance between all the competing interests. I would not rush into litigation.

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