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Startingover01 · May 25, 2012, 10:53 AM

How do I force my ex to either sell the house that we jointly own, or refinance so that my name is no longer on the mortgage agreement? Every time he misses a payment it damages my credit. Plus, my credit report shows that I already own a house, so it is making it nearly impossible for me to get a home of my own!

When we originally separated, we agreed to sell the house and either split the profit, or just break even after paying off the mortgage. He decided to move back into the house several months later. At first I was fine with it as long as he made the mortgage payments. But I didn't realize that it would adversely effect my credit (I was credit-naive I guess).

Any advice would be appreciated!

smoothy · May 25, 2012, 10:58 AM

Originally Posted by Startingover01

How do I force my ex to either sell the house that we jointly own, or refinance so that my name is no longer on the mortgage agreement? Every time he misses a payment it damages my credit. Plus, my credit report shows that I already own a house, so it is making it nearly impossible for me to get a home of my own!

When we originally separated, we agreed to sell the house and either split the profit, or just break even after paying off the mortgage. He decided to move back into the house several months later. At first I was fine with it as long as he made the mortgage payments. But I didn't realize that it would adversely effect my credit (I was credit-naive I guess).

Any advice would be appreciated!

You can't FORCE him to refinance it... but if your name is on the deed... you can force a partition lawsuit.

AK lawyer · May 25, 2012, 10:59 AM

You need to sue him for partition. The property will be sold, and the proceeds divided among you. If you are upside down, that might be a problem.

Startingover01 · May 25, 2012, 11:07 AM

Originally Posted by smoothy

You can't FORCE him to refinance it...but if your name is on the deed...you can force a partition lawsuit.

"force" was a bit strong of a term -sorry about that! And thanks for the advice! I will look into it.

Thanks again!

Fr_Chuck · May 25, 2012, 12:11 PM

Is this a ex boyfriend, or ex husband,

If ex husband, in the divorce order, the judge should have ordered him to sell it, and you can go to court to force the sale, or get the house turned over to you.

AK lawyer · May 25, 2012, 02:36 PM

Originally Posted by Fr_Chuck

...If ex husband, in the divorce order, the judge should have ordered him to sell it, and you can go to court to force the sale, or get the house turned over to you.

Agreed. Even siblings owning property in common frequently can't agree. Much less ex-spouses. Bad idea.

But apparently this was the divorce result: property to be owned jointly. If so, both have undivided interests in the property. I don't think the judge in a new court action can simply take it away from him.