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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118629
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I (stupidly) bought a house with my now ex. He hasn't paid a

Customer Question

I (stupidly) bought a house with my now ex. He hasn't paid a penny of the mortgage in 5 years, wiped out our joint bank account, and does not pay his child support. He flat out refuses to sign a quit claim deed, so I can get my payments lowered, or sign papers so I can re-finance? On top of that, my mortgage company found an "error" in our escrow, so now I am responsible for an extra $125 a month, on top of paying the mortgage alone. He has nothing, so suing won't help...He wants it to go into foreclosure, or to sell it-but it is MY children's home..i will not do that. Do I have any options at all? Is there any way I can legally get him to be forced to sign it?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please explain, you bought the house with him after the divorce or it was a marital purchase and you were awarded the home in the divorce?

Customer: replied 2 years ago.
We were never married-which seems to make it extremely difficult in terms of getting him off the mortgage. From what I understand, my only option is a quit claim deed-which he refuses to sign.
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for the clarification.

I am afraid that if he refuses to sign, your only option is the one you want to avoid, you have to file for a forced sale by the court and before you do so you need to try to get a loan approved (not granted, but a promise from a lender to loan you the money to pay off the existing mortgage if you get the court to order sale). However, sadly, because he is being uncooperative, you need to go to court to file a petition for court ordered sale and ask the court to order the sale and to give you 60 days to arrange for a mortgage to purchase the property and if you cannot do so then it would have to be sold.

That is the only option, as much as sometimes people wish they could send out someone with a baseball bat to force the other party to sign.