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Can this be construed as a sale rather than a re-financing?

My ex claimed to have the ability to re-finance the family home in her name and so I let her keep the house.  However, the decree states that if she is not able to do this in 30 days the house would be sold and profit split by us both.  She was not able to get a mortgage on her own and enlisted a co-signer whom she placed on the deed through a quit claim.  Since the co-signer was put on the deed in exchange for his aid in co-signing, I believe this was actually a sale (granting 1/2 the property to this third party) rather than merely a re-financing.  Any thoughts on this?
  • August 31 2013 - Davenport
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Answers (3)

Of course it CAN BE, but all that matters is: who is adjudicating this?

It doesn't matter what we think. If you want to go after her, then you need an attorney behind you.

All the best,
  • September 01 2013
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Profile picture for Lucky Lang
Wetdawgs is correct......this is a legal question.

I forwarded it to my favorite Real Estate Attorney team.

Hopefully, one of them will reply to you soon.

Good luck!
  • August 31 2013
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Profile picture for wetdawgs
You need to see your attorney on the subject.   I doubt it will be considered a sale, but I'm not an attorney and don't play one on radio.
  • August 31 2013
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