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My husband is paying the mortgage on a condo that he and his…

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My husband is paying the...
My husband is paying the mortgage on a condo that he and his ex wife bought in 2008. She is not on the mortgage. Up until now he has paid the mortgage but last year in February he lost his job and now we are in a very tough situation. We are currently living in the property and he would like to sell it to avoid foreclosure however she is refusing on the premise that she believes once the 15 year mortgage is paid she will get it. She broke a number of her parts of the divorce agreement and is in Hong Kong. This is hurting our family as we have two babies under two and would rather not have the property go to foreclosure. With her refusing to sign anything we are really stuck. Is there anything we could do?
Submitted: 4 months ago.Category: Legal
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12/1/2017
Lawyer: LegalKnowledge, Attorney replied 4 months ago
LegalKnowledge
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Lawyer: LegalKnowledge, Attorney replied 4 months ago

I am sorry to hear about this and certainly understand. If she is refusing to cooperate and allow the home to be sold, you would need to file an action with the court and ask for a partition/forced sale of it. It does not make sense for her to want it to be foreclosed on if she is on title and still has an interest in it and could get money from the sale. If they divorced and he was solely awarded the home, it should have been ordered that she quitclaimed her interest to him and he was solely on the title. She would only get the home if this was court ordered and if it was not and it is shared, she would only be entitled to half and that would be lost, if the home is foreclosed on.

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Lawyer: LegalKnowledge, Attorney replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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