Q: When got divorced I was granted house until son turns 18 and I had to continue making payment
then we either had to buy one or the other out or sell it but My brother is wanting to pay it off and keep it can I legally do that and if so what could happen after son turns 18
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- Tennessee
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A: This issue has to with the Divorce Judgment which you have not stated. The property is probably still titled in you and your former spouse's name. You and your brother can make an offer to the ex now for both cash and assuming the debt, which he may or may not take. If he does, get a deed to you and the brother which will be subject to the Deed of Trust. Apparently the ex is wanting some of the equity appreciation. Without the ex's deed, any other action will subject you to a contempt petition.
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