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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54024
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good Morning,I file BK 2 years ago and divorce also 2 years

Customer Question

Good Morning,
I file BK 2 years ago and divorce also 2 years ago.On my BK papers show that the house is surended. Now my ex husbund and my mother in low who also are on the deed,title and loan still living in the house. In my divorce paper is nothing mention about dividing the propety or anything else.
On the house we have 2 morgages(1 with B of America and 2 with Owen ).The second morgage my ex didn't make a payment from 2012. He refuse to Refinance or to sell the house and i can't purchase a house till i fix this issue.
What can i do? and do I need a family attorney or a real estate?
Regars DANA
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
They can't continue to tie you up like this. You can force the sale of the house. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.
thank you.
Expert:  Richard replied 1 year ago.
You're very welcome...it's my pleasure to help! Have a great week!

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