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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I have a home with my ex-wife and both of our names are on

Customer Question

I have a home with my ex-wife and both of our names are XXXXX XXXXX loan. I would like to sell or get out of the house, but she is unwilling to let it go. What are my legal rights, being my name is XXXXX XXXXX the loan, but, she is renting it out and I dont want any part of the house anymore?
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

Did you purchase the property following your divorce?

If not, what is indicated with regard to the property in the divorce decree?
Customer: replied 4 years ago.
No, it was purchased while we were married. The divorce says to sell within a year
Expert:  Tina replied 4 years ago.
I see.

Then if she is violating the decree by refusing to facilitate the sale of the property within 1 year, you would typically file a motion for order to show cause against her in the court that entered the decree. This normally requests that she be held in contempt and even jailed if she does not comply with the court's order and is the method for enforcing such orders.

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Customer: replied 4 years ago.
Thats great but I would like to get this resolved within the month and honestly dont think with this information I will get that done. I would like to know how I can go about writing up papers to get her off my ass without threat
Expert:  Tina replied 4 years ago.
You can quitclaim the property to her, but you would remain liable on the mortgage, so that is not a reasonable option typically.

She would have to agree to refinance the property to get your name removed from the mortgage since the lender will not simply release you from your contractual obligation, or she will need to comply with the court's order.

Those are the options.

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