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tlocicero · Sep 10, 2015, 11:18 AM

My husband and I are getting a Divorce. We had an agreement that I would move out of our home (The mortgage is in my name, we are both on the dead) November 1, 2014 and I would return one year later November 1, 2015. During the time of my absence he would be looking for a place to live that is affordable to him.
I received the news that he would NOT be moving out of the my house on November 1, 2015 or any other time. I do not have a lease as I trusted him at his word. I am renting an apartment the lease is going to renew as of November 1, 2015 and the rent is going up. I was looking forward to going back to my house, per our agreement.
What is my recourse?

smoothy · Sep 10, 2015, 11:52 AM

Originally Posted by smoothy

... One of you needs to get their name off of it whomever ends up with it for a number of reasons.

But that cannot be done absent the property being refinanced. And it is very difficult to force one party to a divorce to do so if he really doesn't want to. I suggest that OP ask the divorce court to order that the property be sold - basically a partition action within the divorce case. And a receiver would best be appointed to make the sale happen. Thus the husband can't drag his feet and make it take forever.

Oops, sorry. It looks like I edited Smoothy's answer instead of responding to it. That's never happened before! Smoothy, can you remember what you wrote?

ballengerb1 · Sep 10, 2015, 02:51 PM

If you are both on the deed you both own it and neither can evict the other. Since you are the only name on the mortgage you may have already made some costly mistakes. Has you attorney said when you will be going to court regarding the divorce?

smoothy · Sep 10, 2015, 03:30 PM

Since my post was accidentally edited by a moderator (no problem, I used to admin and moderate on several different sites so I know how easy it was), let me repost what I can remember saying.

Was there a divorce decree that gives the property to you? Or was this a handshake agreement?

As it is he is half owner and actually lives in it. If there was a final decree and if it gave you the property, why was there nothing done about who's names are on the Deed. Who holds the mortgage doesn't determine who actually owns it. You can't simply evict him being a half owner as his rights equal yours.

If your divorce is not yet final... you need to talk to your lawyer as to the division of assets. And make certain everything is done at that time.

I had a lot more... but can't remember everything.

Fr_Chuck · Sep 10, 2015, 05:01 PM

You can not evict, if both names are on the deed. If this "agreement" was not in writing, though the divorce court. It does not matter whose name is on the mortgage, just on the deed.

So you will have to go though the divorce court (unless you are already divorced) and let the judge decide who owns the house. ** You leaving, may give him a good position to claim ownership.

If the divorce is final, the best you may do, is go to court and force the sell of the house.