[AK] My ex-spouse never refinanced our home as required by our divorce agreement. Do I have legal grounds to reclaim ownership or force a sale?

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. Alaska Civil Rule 90(b) (contempt) and the Court’s power to issue coercive or remedial sanctions.

Alaska courts regularly compel a sale when a party can’t or won’t refinance. The Court’s own self-help site tells parties to file “a motion asking the court to order the opposing party to refinance the loan” when a spouse will not cooperate — Alaska Court System Family Law page.

After judgment, the expected follow-up actions the court can compel include “refinancing a loan or mortgage” or “selling an asset like the marital home.” — Alaska ACS “After You Get the Final Order” FAQ.

Yes—you have solid grounds to seek enforcement, contempt sanctions, and (if refinance is impossible) a forced sale or other relief that removes you from the loan and compensates you for provable credit damage.

Enforcement options (in the same Alaska Superior Court that issued the decree):

• Motion to Enforce / Motion to Compel Refinance — reaffirms the decree and orders ex-spouse to complete refinance by a date certain. Deadline is 30–90 days.
• Order to Show Cause re: Contempt — requires ex-spouse to appear and explain non-compliance; court may fine, award fees, or set coercive sanctions. Deadline is immediately after hearing.
• Alternative relief clause — ask the court to automatically convert the order to sale of the home through a realtor; or clerk’s deed giving you power of sale if refinance is not finished by the new deadline. Triggered if deadline missed.
• Partition/Sale Action (AS 09.45.260–.290) — if title is still joint, you may also file a separate civil action for partition forcing a judicial sale; proceeds pay off the mortgage and then are distributed. Court sets schedule.

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 or automatic listing for sale.

Indemnity and credit-repair damages (e.g., reimbursement of late fees, higher interest, documented credit score drop).

Attorney’s fees and costs (Alaska routinely shifts fees when one party’s non-compliance forces litigation).

Collect proof

• Decree language requiring refinance by Dec 2020.
• Written/text reminders and her October 2023 admission that she “hadn’t really been looking.”
• Credit-denial letters, near-foreclosure notices, FICO reports, mother-in-law bailout records.

You can also send a final demand letter (optional). Give a short, fixed deadline (e.g., 30 days) and attach a draft stipulation she could sign to extend only if she presents a pre-approval or firm loan timeline. State that failure will result in contempt motion and possible forced sale.

• File in Alaska. File electronically or by mail in the same Superior Court (district of original divorce). Because you live in NC, request to appear by Zoom; Alaska judges routinely grant remote appearances.
• Serve ex-spouse in Alaska per Civil Rule 5 (certified mail + e-mail).
• Prepare for remedies. Bring real-time mortgage statements and a current payoff quote so the judge can set an exact refinance/sale amount. Have a realtor’s comparative-market analysis in case the court prefers immediate listing.

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, move forward.

Queeneth E. Esq

You still have options. Pull your full credit report (past 2 years of denials will appear). Under U.S. law, you’re entitled to free weekly credit reports from all three bureaus: 

Download your reports from Experian, Equifax, and TransUnion. They will typically show:

• Denied or hard inquiries (including loan applications)
• Late payments and delinquent accounts
• Impact to credit score from derogatory items
• Credit utilization spikes

Re-request denial letters. If you know where you applied (even approximately), contact those lenders: “I previously applied for a (loan/credit) around (date). I misplaced the denial letter. Can you resend or confirm that my application was declined?” Lenders keep these notices for 2–3 years under federal rules.

Even without formal letters, you can show:

• Your FICO score dropped significantly (get reports from myfico.com)
• Your mortgage fell into late payment or HOA delinquency
• Your inability to refinance or co-sign elsewhere due to being stuck on this property
• All this builds a compelling narrative of financial harm.

In your situation, it might be wise to consult or retain one, especially if:

• You’re not confident handling court filings or motions remotely,
• You want someone to appear in-person on your behalf if needed,
• The situation with the mortgage and HOA is actively worsening, or
• You plan to request damages (not just compliance)

You can file on your own; many people do. Alaska courts are reasonably pro se–friendly, and you can appear via Zoom from North Carolina. The core steps are:

1. Draft a Motion to Enforce Decree and Order to Show Cause
2. Attach: divorce decree (with refinance clause); timeline of noncompliance; supporting evidence (credit report, late notices, photos of property, messages)
3. File and serve via certified mail and email
4. Attend hearing and present your case

But if you’re overwhelmed by the late payments/HOA, want to maximize damages or enforce a sale, are short on time, or want the pressure of a lawyer’s letterhead, then hiring counsel is a smart investment. You don’t need to commit long-term—you can even pay for limited-scope help (e.g., just filing or one court appearance).