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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My ex husband refuses to settle with me on our home that we

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My ex husband refuses to settle with me on our home that we own together. I have given him ample opportunity to settle with me, and he says he's going to do my question is do I have the right to put the house up for sale on my own? We have been divorced for about three years and have a son together, which he only gives me about $300 a month for and he makes about eighty grand or more a year. I hate legalities, that is why I was trying to settle out of court. He kept the house and everything in it accept for my personnel belongings I entered the relationship with. Please help so I can get my name off of this mortgage which he doesn't pay on time and move on with my life.
-Could you explain your situation a little more?
Is your name still on the deed?
Was the house issue covered in your divorce and if so, how?
Customer: replied 3 years ago.
Yes, my name is XXXXX XXXXX and no it was not covered, because I had to pay for the divorce and had minimal money so to cover the property, child support and anything else was quit expensive.
Dear JACUSTOMER - If only your name is XXXXX XXXXX deed you can sell the property since you are no longer married and his permission would not be required. If both names are XXXXX XXXXX deed you cannot sell without his approval or signature so the only option is to file what is known as a "partition" suit and have the court force a sale. Obviously this should have been covered in the divorce so you would have a way to have the divorce court order the sale but since it wasn't you have few options. Once a partition action is filed the other party generally will consent to a sale since the sale price in a forced sale is generally much less than a sale on the open market but there are no guarantees. You are permitted to file your own suit but I have to tell you that it is a rather complicated legal process and my guess is that you will need the assistance of counsel. You have the right to force the sale but it must be done by filing a partition suit otherwise you cannot sign the deed without him also signing.
Customer: replied 3 years ago.
Can I do this through the state?
You would have to file the case in your local Parish court. The state would have nothing to do with a civil suit concerning real estate.
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