Q: My ex is trying to put our home in foreclosure to spite me. Is there a way around it?
After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my credit and live with family indefinitely. I have tried to get him to sell it, my child has even tried, he refuses to talk to anyone that is willing to buy it. He says he would rather have foreclosure than me get anything and that's the end of it! Because of both our names being on the house, I do not know what to do at this point. Is there anyway around this?
In a typical divorce where one spouse is awarded part of real property and the other spouse is responsible to pay the mortgage, the first spouse receives a deed of trust to secure assumption.
If the second spouse does not pay the mortgage, the first spouse can then exercise her rights under the deed of trust. At that point, the first spouse can proceed with a trustee’s sale to satisfy the mortgage without the second spouse’s consent.
Talk to the attorney who represented you in your divorce proceedings about your available remedies to force your ex-husband to pay the mortgage.
A: First, let me say how sorry I am that you and your child are going through this. You can file a suit to Partition and Force the Sale of the Property since you stated it is in both of your names. The legislature has recently allowed for this remedy to be an easier process.
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