Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, December 2, 2005

Case Law Development: Refinancing House does not Extinguish Divorce Obligation to Pay Mortgage

The Wyoming Supreme Court has held that refinancing a mortgage did not extinguish Husband’s obligation to pay half of the mortgage debt that existed at the time of the divorce as the decree did not specifically condition his obligation on Wife’s continued ownership of the house or maintenance of the original financing.

McElwain v. McElwain, 2005 WY 147, 2005 Wyo. LEXIS 173 (November 22, 2005)
Opinion on the web at (last visited November 30, 2005 bgfF)

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