Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I have a home with my ex-wife and both of our names are on

Customer Question
I have a home with...
I have a home with my ex-wife and both of our names are XXXXX XXXXX loan. I would like to sell or get out of the house, but she is unwilling to let it go. What are my legal rights, being my name is XXXXX XXXXX the loan, but, she is renting it out and I dont want any part of the house anymore?
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
12/1/2011
Family Lawyer: Tina, Lawyer replied 6 years ago
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Hello and welcome,

Did you purchase the property following your divorce?

If not, what is indicated with regard to the property in the divorce decree?
Ask Your Own Family Law Question
Customer reply replied 6 years ago
No, it was purchased while we were married. The divorce says to sell within a year
Family Lawyer: Tina, Lawyer replied 6 years ago
I see.

Then if she is violating the decree by refusing to facilitate the sale of the property within 1 year, you would typically file a motion for order to show cause against her in the court that entered the decree. This normally requests that she be held in contempt and even jailed if she does not comply with the court's order and is the method for enforcing such orders.

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Ask Your Own Family Law Question
Customer reply replied 6 years ago
Thats great but I would like to get this resolved within the month and honestly dont think with this information I will get that done. I would like to know how I can go about writing up papers to get her off my ass without threat
Family Lawyer: Tina, Lawyer replied 6 years ago
You can quitclaim the property to her, but you would remain liable on the mortgage, so that is not a reasonable option typically.

She would have to agree to refinance the property to get your name removed from the mortgage since the lender will not simply release you from your contractual obligation, or she will need to comply with the court's order.

Those are the options.

Ask Your Own Family Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, 17 years legal experience including family law

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

33,167 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I'm going through a divorce, in, that is proving to be
I'm going through a divorce, in Virginia, that is proving to be financially crippling. I have decided to return to Scotland after living in these United States for 43 years. Can the court stop me? I'm… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Live in Florida and filed for divorce on Oct 4. As of that
Live in Florida and filed for divorce on Oct 4. As of that date I had a stock account that was valued a x. I had used marital funds to start it, but the account is solely in my name. Since the date of… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
71 satisfied customers
If you are in a divorce mediation at the courthouse with
If you are in a divorce mediation at the courthouse with your lawyer and the other party is representing via telephone due to being in another state. How do you know if no one else was conferenced or … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Looking for a motion to withdraw a divorce in louisiana.
Looking for a motion to withdraw a divorce in louisiana … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
In Illinois, for an uncontested divorce, if the marital
In Illinois, for an uncontested divorce, if the marital agreement has been completed and signed by both parties and there are no assets, property or otherwise to divide, all the answers are None, do w… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Divorce. Georgia. Need to answer to divorce complaint
need to answer to divorce complaint without minor children… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Enforcing a divorce decree - I have been divorced for 5
Enforcing a divorce decree - I have been divorced for 5 years, part of the divorce settlement was a partial of farmland be set up to provide for my children's college education and future. Nothing has… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
451 satisfied customers
If a couple divorced without attorneys and a signed the
If a couple divorced without attorneys and a signed the divorce decree, the community property is left to be settled between the couple … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I want to appeal on default in my divorce case. My divorce
I want to appeal on default in my divorce case JA: Because family law varies from place to place, can you tell me what state this is in? Customer: my divorce was in TN I live kin CA JA: Have you talke… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I divorced back in April of 2016. In our divorce agreement
I divorced back in April of 2016. In our divorce agreement it was stated that the marital home would be sold and the profit or loss would be split 50/50. I purchased what is now my primary residence i… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a divorce is filed in the dominican republic with
If a divorce is filed in the dominican republic with Fraudulent or untrue information, such as claiming desertion when both spouses lived together, is it still valid in Massachusetts? The marriage too… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
This is question for a lawyer specialized in Divorce. The
This is question for a lawyer specialized in Divorce. The shares of one of the couples in an LLC is also subject to split with spouse under a Divorce? Even 1% share in the LLC?… read more
socrateaser
socrateaser
1,031 satisfied customers
I was divorced in 2010. Our divorce agreement stated that I
I was divorced in 2010. Our divorce agreement stated that I received alimony (non-modifiable) for 8 years. But I reserved the right to request that the court extend that period of time, based on the l… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I got divorced in 2015, according to the divorce decree my
I got divorced in 2015, according to the divorce decree my ex wife can claim he child on even years and i have odd years. The decree also states that we will split all cost on activities for the child… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
451 satisfied customers
I have filed an uncontested divorce with the court divorcing
I have filed an uncontested divorce with the court divorcing my husband. He has signed the decree and has chosen not to appear in court. Before stepping in front of a judge, I would like to change the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
My ex husband got the house in the divorce. The divorce
My ex husband got the house in the divorce. The divorce decree gave him sole responsibility for the mortgage. He is now foreclosing on the house and the company that holds the mortgage wants me to sig… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I was divorced in November 2015. In the divorce Decree,
I was divorced in November 2015. In the divorce Decree, I am Named equal beneficiary along with our two adult children in my ex-spouse life insurance policy. He never completed a beneficiary form at h… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I filed for divorce in the state of Nevada and my divorce
I filed for divorce in the state of Nevada and my divorce has been finalized for over 11 years. I have been receiving 50% of my ex husband military pension plan. He is now stating i was only entitled … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x