My ex-fiancee and I purchased a house together in Sykesville, Maryland in the summer of 2010. At the time, we did not think it was a bad idea because we had our wedding planned and somewhat paid for, as well as found a house that we both enjoyed. After about a year living in the home together, we decided that we should break off the engagement and move on in separate directions in our lives. I moved out of the house, and she continued to live there for the time being. We thought about trying to sell the home, but due to the housing market, there is not enough equity in the house to sell without still owing on the mortgage. Personally, I would like to take my name off the mortgage and the deed to the house. However, she does not make enough money to qualify for a loan that would allow her to buy me out. I could buy her out, but I am not interested in that property any longer. What option do I have to sell the house? Can a court (and/or judge) order that the house be sold, such as in a divorce case? I would like to sell the house ASAP (even if I have to take a loss) because currently I am living somewhere else and she is not paying the mortgage on time. The mortgage is consistantly late, even though she and I verbally agreed to have a roommate move in to help her pay the bills on time.
Country relating to Question: United States
State (if USA): Maryland
I tried speaking with a real estate agent about selling the home, and she told me that the house would not sell at a price that would break even. We would end up owing money to the bank still. Not to mention that my ex-fiancee does not want to move since she likes the neighborhood. Unfortunately, she cannot afford to live in that area any longer if she cannot afford to pay the mortgage on time.
I also made a verbal agreement with her to try out her living with a roommate.
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Good morning. You can force a sale of the house if she will not agree to a sale. If your co-owner(s) will not or cannot either agree to sell the property orpurchase your interest (and get you released from the mortgage), you can file a suit for partition. Theresult of that suit will be one of the following: i) if the property canbe equitably subdivided, the court will order the property divided into smallerparcels with each owner then owning 100% of their own smaller tract with fullcontrol over that tract; or ii) if the property cannot be equitably subdivided,the court will order the property sold and the mortgage paid. Since you obviously cannot subdivide the house, the court will order it sold.
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