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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55715
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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If husband only is on the mortgage, and has made every payment,

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If husband only is on the mortgage, and has made every payment, ex wife is on deed only. does he own it only, can she force a short sale if she is not on mortgage?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Unfortunately, since she is on the deed, she does have the right to file a suit for partition if she wants to sell and you won't purchase her interest. But, she is not likely to prevail in such a suit in a situation where the house has no equity and she is not on the mortgage. The court would likely simply determine that she is not dealing in good faith due to her unwillingness to transfer her interest to you. Her only worry in being on the title would be the risk of liability of being an owner...such as someone getting hurt. But, she can resolve this by transferring her interest in the home by quit claim deed. She has no liability on the mortgage and her interest has no value because the mortgage is greater than the value of the house. Thus, it's highly unlikely the court would do anything but order her to give up her interest to husband if she wants out. Other than this, she would have no other rights to attempt to force any sale.

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Customer: replied 4 years ago.

What about the 4.5 acres that it all connects to, he paid cash for it years ago, she went to the court recorders office, said she got it in the divorce, they took him off deed. They confirmed this to Charles, they should not have done that, and to get a attorney. It is now in her name only.

Thanks for your reply. In this situation, he would have a claim for fraud and forgery. He could pursue both criminal prosecution and a civil suit seeking both actual damages and punitive damages.
Customer: replied 4 years ago.

We have been before a judge before about alimony, housing, how do we get the judge to read all documentation proving our case? She cries in court, the judge refused to read any documentation from banks, everyone involved...his judgement in the case was for her for alimony without looking at any evidence, (which he admitted to our attorney) went thro a lenghty appeal and lost, they went with first judge decision because they stated they didn't want to read the whole case. Which is alimony for life at 2 grand amonth. We are looking for an answer on how to get the judge to read the evidence.

At this point, you would have to appeal to a higher court on the divorce situation. If her actions relating to the 4.5 acres occurred subsequent to your divorce, you can file a separate suit on that action based on a fraud cause of action. That would enable a different court to consider this issue.
Richard and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

Know any attorneys in Eugene, Oregon? Have spent over $30,000 with a family attorney and still at a loss what to do!!!

Thanks for following up. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the Oregon state bar association or one of the major Oregon law schools for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school.
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