[AK] Do I have grounds for legal action if my ex-spouse never refinanced our home as mandated by our divorce decree?

Lexi, Chatbot

I understand that dealing with a divorce agreement and property issues can be quite stressful. Have you already attempted to communicate with your ex-spouse about the refinancing requirement?

Lexi, Chatbot

What specific damages are you looking to recover, and have you documented any financial impacts due to the current situation?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your property ownership issue.

Queeneth E. Esq

Hello and welcome. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

What state are you located in?

Queeneth E. Esq

Divorce decrees are court orders; violating one is contempt of court under Alaska Civil Rule 90(b). Courts have the authority to issue coercive or remedial sanctions. Alaska courts regularly compel a sale when a party can’t or won’t refinance.

From the Alaska Court System Family Law page:

“File a motion asking the court to order the opposing party to refinance the loan” when a spouse will not cooperate.

From the Alaska ACS “After You Get the Final Order” FAQ:

After judgment, courts can compel actions such as “refinancing a loan or mortgage” or “selling an asset like the marital home.”

So yes — you have solid grounds to seek:

• Enforcement of the divorce decree
• Contempt sanctions
• Forced sale (if refinance is impossible)
• Relief that removes you from the loan
• Compensation for credit damage

Enforcement Options:

• Motion to Enforce / Motion to Compel Refinance: Reaffirms the decree and orders refinance by a certain date (30–90 days).
• Order to Show Cause re: Contempt: Requires ex-spouse to appear and explain non-compliance. Could result in fines, attorney fees, or sanctions.
• Alternative Relief Clause: Request automatic conversion to home sale via realtor or clerk’s deed if refinance fails by deadline.
• Partition/Sale Action (AS 09.45.260-.290): If title is still joint, you can file a civil action for judicial sale. Mortgage is paid off; proceeds divided.

You can (and usually should) combine the first two into a single filing: Motion to Enforce Decree and Order to Show Cause (Contempt)

Ask for:

• Refinance within X days
• Automatic listing for sale if missed
• Indemnity/credit-repair damages (e.g., late fees, credit score drop)
• Attorney’s fees and costs (Alaska routinely grants when non-compliance forces litigation)

Collect Proof:

• Divorce decree requiring refinance by Dec 2020
• Written reminders / texts, e.g., her October 2023 admission that she “hadn’t really been looking”
• Credit denial letters
• Foreclosure notices, FICO scores, mother-in-law bailout records

Optional:

• Final demand letter with a short deadline (e.g., 30 days)
• Attach a draft stipulation she could sign to extend only if she provides a pre-approval or firm timeline
• State that failure will result in a contempt motion and possible forced sale

How to File:

• File in the same Alaska Superior Court that issued the divorce
• File electronically or by mail
• Request to appear by Zoom (commonly granted in Alaska)
• Serve ex-spouse per Civil Rule 5 (certified mail + email)
• Bring mortgage statements, current payoff quote, and a realtor’s comparative market analysis

Given the 4½-year delay and real credit damage, most judges would view immediate enforcement as reasonable.

If you still want to show extra goodwill, give her a short written “last chance” (no more than 30 days). Otherwise, proceed.

Queeneth E. Esq

You still have options.

1. Credit History Retrieval

• Pull your full credit reports (past 2 years of denials should appear).
• Use AnnualCreditReport.com for free weekly reports from Experian, Equifax, and TransUnion.
• Reports will typically show:
  • Denied applications or hard inquiries
  • Late payments, delinquencies
  • FICO score impact from derogatory marks
  • Credit utilization spikes
• Re-request denial letters:
  • If you remember the lender(s), contact them: “I applied around (month/year), misplaced the denial letter. Can you resend or confirm that I was declined?”
• Lenders must retain these notices for 2–3 years by federal law.
• Even without the letters, you can document:
  • FICO score drop (get from MyFICO.com)
  • Mortgage/HOA delinquencies
  • Inability to refinance due to ex-spouse’s failure to act

2. Should You Hire an Attorney?

It may be wise to consult or retain one if:

• You’re not confident filing or appearing remotely
• You want someone in-person
• The mortgage and HOA issues are worsening
• You plan to seek damages, not just compliance

You can also file on your own. Alaska courts are relatively pro-se friendly, and Zoom appearances are allowed.

Core Steps (if DIY):

• Draft a “Motion to Enforce Decree and Order to Show Cause”
• Attach:
  • Divorce decree (with refinance clause)
  • Timeline of noncompliance
  • Supporting evidence (credit reports, late notices, photos, texts)
  • File and serve by certified mail + email
  • Attend hearing and present your case

If you're short on time or overwhelmed, hiring an attorney can be a smart move. You can even retain one for limited-scope help, such as preparing the filing or attending one hearing.