That equity gives you leverage...or at least options.
There are two way to proceed...one is more likely to succeed than the other, but will result in the forced sale of the home.
First, you can go to court and request that the court execute a partition sale. Since you own the property, and, more important, since there is some equity in the property, you can force its sale. Specifically, the court will task a real estate
company to list and sell the property at market value. Any proceeds from the sale, after paying expenses, will be divided between the two of you.
This will remove the obligation (will satisfy the loan), and take away the obligation and responsibility from you
THe good news about this course of action is it is (relatively) easy
As an owner, the law gives you the right to partition (sell) the property.
You will need to pay a lawyer to prepare and present this to the court.
And there must be equity in the property...you have to make this work based on the value of the home (you can not get a short sale approved this way)
But the process is relatively straightforward, and the legal costs should not be excessive (a few thousand dollars)
Easy (again, relatively)
The other option is to go back to court and attempt to amend the decree of divorce.
This is more difficult both in legal costs (it would take more effort to convince the court to grant this request) as well as likelihood of success. They call it final decree of divorce for a reason. It is tough to get a court to reopen. It was a mistake to not list this property as part of the marital property and have the judge order how it would be divided. But you can try and have the court reopen the case...if you can show mutual mistake (that you both wanted the court to decide this but made a mistake) then it may be the court agrees and reopens. If he contests? Then you will have a tough time convincing the court to agree to this.
BotXXXXX XXXXXne: the best way to go is have a local attorney file a partition suit
in county court and sell this home...if there is equity? Then you can do this.