Throw this down . . . trying to save money in a divorce action, using the same lawyer, taking short cuts . . . not a good idea. So here is what happened, both parties used the same lawyer in an agreed divorce scenario, H was awarded the home with the promise to pay the mortgage. Nothing else was done. No refinance provision, no sale of the house. W name is still on the mortgage note after six years, it still appears on her credit. Can I add stuff to the divorce decree to fix it. . . No. Will H agree to make a change? No.

H & W own the home, and they are both on the mortgage note. The divorce decree must have language that the home awarded to H will be refinanced in six months or whatever time period that is agreed, if the home is not refinanced then the home will be placed on the market for sale. This is the only method available to make sure the W name is taken off the mortgage note. As an aside, the mortgage company can “voluntarily” take W off the mortgage note but that is entirely up to them and their internal policies.

After the Court loses plenary power, a divorce decree modification cannot add anything to the decree. The only power remaining is to clarify. Adding sale / refinance provisions to a home is not clarification.

Parties to a divorce action cannot have the same lawyer.

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