Need Advice On Property And Lease Issues After Divorce

I've been using chat GPT extensively to help with drafting emails and research on this issue so I had it draft this post for me.

I need help understanding my legal obligations and next steps regarding a house awarded to me in a divorce settlement. Here’s a timeline of events to give context:

December 2023: Divorce finalized. I was awarded the marital home. The decree required me to refinance the mortgage into my name by the end of 2024.

March 2024: My ex-husband, who was still on the title at the time, signed a 24-month lease with tenants without my knowledge or consent. The tenants have been in the home since 2020, they signed a 1 year lease and had been on month to month terms until my ex-husband renewed it in 2024 without sonsulting or even informing me until this month.

August 2024: Title transferred to my name. The mortgage remains in my ex-husband’s name.

November 2024: I started the refinancing process but learned that:

The property is considered an investment property because of the tenants, making refinancing more complicated.

Some lenders require me to have held the title for at least 6-12 months to qualify for refinancing.

My broker has concerns about whether the title transfer was legitimate, given the active lien on the property.

Key Questions:

1. What happens if I fail to refinance the house by the end of the year, as specified in the divorce decree?

2. Is it possible to request a 2-month extension to meet the 6-month title ownership requirement for refinancing?

3. If the lease my ex-husband signed is invalid (since he was no longer the legal owner), can I treat the tenants as month-to-month and sell the house?

4. If the title transfer was legitimate, but my ex is still on the mortgage, does that mean I own the house free and clear, and he’s stuck with the mortgage?

Additional Context:

My ex-husband is unlikely to cooperate unless legally forced or it benefits him.

I’m actively working with a mortgage broker, real estate attorney, and realtor to resolve this, but it’s been a tough year financially and emotionally as a single parent with limited support.

Selling the house and paying off the mortgage seems like the simplest option, but I’m not sure if I can do so with the current lease or if refinancing is still required.

I’d appreciate any advice or insight, especially if you’ve dealt with similar situations. If there’s specific legal language I should use or steps I can take to clarify my obligations, please let me know.

edit: forgot to mention this is in south carolina