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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37022
Experience:  Texas Attorney for 30 years dealing in real estate
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I currently co-own a home with ex-husband. It was the marital

Customer Question

I currently co-own a home with ex-husband. It was the marital home. Currently have a morgage debt the same as property is worth. Ex does not want to rent or rent to own said property to a family member. He also not willing to pay morgage either waiting for it to sell. Can I rent to own anyway ? Don't want a forecloser to go against me. I really don't think he has funds to take me to court about the situation. He also was court ordered to pay me a substantial amount of $ in the divorce decree has not paid a dime.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here if the house is still jointly owned here your only real option is to file a suit for partition and force a court ordered sale.You could also return to divorce court again seeking partition and a forced sale.
Otherwise you need both parties to agree to anything such as a lease or joint sale.If you can get a tenant to assume the risk here that husband will not complain you are free to rent it.You actually own an undivided interest so you can rent your interest legally.
If the husband takes this back to court seek a court ordered sale at that point.Long term a partition is the way to resolve this.You have remedies through the courts when you choose to file.
As you state it is unlikely he returns to court here since he has not paid you what he owes you.At worst here you rent it, he files and you in turn seek a court ordered sale.You may choose to rent this month to month rather than a lease.
This allows you to give tenant notice if necessary for a sale or resolution and allows you freedom to do so.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Reference to partition here as a long term solution..
https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/EF93E7F8DEDFBCE1852573DE00658C57
Customer: replied 1 year ago.
Said property is worth $35,000 we owe $32,500 it is a 1981 single wide mobile home with additions on a 1 acre lot. Financing is next to impossible for anyone. Its only worth the land. Im stuck between a rock in a hard place. Morgage payments are current at this time. I have a newphew very interested in the property. Rent to own deal if possible just for morgage and insurance payments.
Expert:  Ray replied 1 year ago.
Well you have to get the ex husband here to agree to any ownership change.Certainly this is better for bothof you than letting it go to foreclosure.Just know that if you have to a suit for partition is available , it would allow the sale to whoever here.
The only other alternative would be Chapter 7 for you ,it would discharge your debts including these and stick the ex for all.The ex here would be on note they would come after him.You can threaten him with this to see if you can resolve.
Thanks again for your patience.Good luck here.
Expert:  Ray replied 1 year ago.
Reference to Chapter 7 if you decide to go this route..
http://www.floridabankruptcylaws.com/chapter7.html
Thanks again for the chance to help today.