Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is ***** ***** I'll be glad to assist.
Ownership doesn't hinge on who is on the bank loan/mortgage. Instead, ownership completely depends on who is on the property deed......so you would need to look at the property deed to see if you own the property alone or along with him.
If you want to rid yourself of the debt/obligation to pay the debt to the lender, you can file a motion to compel with the court, asking the judge to order your ex husband to refinance the property in his name alone and payoff your mortgage.
In exchange, you'd need to transfer your interest in the property to him......if that's what the divorce decree/settlement agreement states.
If you are the only one on the deed, then you'd likely need to file a motion with the court and ask the judge to compel him to pay the balance owed to you by refinancing or to modify the order giving you the right to foreclose/sell the home and apply the proceeds to the mortgage balance.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting.