Q: Can I sell a house if I'm on the mortgage but not the deed?
My ex husband and I split after DV and the house is empty. He refuses to pay for it or sell it because per divorce I get $50,000. Now the mortgage company is suing me for the house. When I've been begging him to sell it instead of ruining my credit. He continues to refuse. What can I do
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A:
This question has divorce issues and real estate issues.
The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to force the sale. If you can show your ex is WASTING the property or frustrating the enforcement of the divorce decree, than you will probably be successful in forcing the sale.
I hope this helps. You will need a good lawyer.
My office does the type of work you need and there are other qualified attorney's on Justia.com.
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