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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was divorced in 2008 my ex- husband agreed to pay me half

Customer Question

I was divorced in 2008 my ex- husband agreed to pay me for my half of our home because he wanted to keep it. Not having all the money he owed me i took the money in incriments over a peroid of 3 years. He has defaulted on bank payments numerous times and i went to the rescue. Now even tho he has been paying the mortgage and lives in the house my name is ***** ***** name on the bank mortgage. My ques: do i technically own the house? Can i evict him?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Ownership doesn't hinge on who is on the bank loan/mortgage. Instead, ownership completely depends on who is on the property you would need to look at the property deed to see if you own the property alone or along with him.

Expert:  Roger replied 1 year ago.

If you want to rid yourself of the debt/obligation to pay the debt to the lender, you can file a motion to compel with the court, asking the judge to order your ex husband to refinance the property in his name alone and payoff your mortgage.

Expert:  Roger replied 1 year ago.

In exchange, you'd need to transfer your interest in the property to him......if that's what the divorce decree/settlement agreement states.

Expert:  Roger replied 1 year ago.

If you are the only one on the deed, then you'd likely need to file a motion with the court and ask the judge to compel him to pay the balance owed to you by refinancing or to modify the order giving you the right to foreclose/sell the home and apply the proceeds to the mortgage balance.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting.

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