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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 32007
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my wife wants a divorce, the morgage is in my name , but the

Customer Question

my wife wants a divorce, the morgage is in my name , but the deed is in both of our names. the house is not worth what we owe on the morgage. she does not want the house , but wants money. i have none. what can she do to me?
Submitted: 8 years ago.
Category: Legal
Expert:  Roger replied 8 years ago.

You both own an equal share of the house, but you're the only one financially responsible for it.

 

If you can reach a resolution, she can file a petition to partition the property, which actually forces the sale of the land. If suit is filed, the court will order an appraisal and sell the property at public auction.

 

The mortgage will be paid off first, and then any remaining money will be split between you equally.