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I’m divorced but share the mortgage with my ex husband. He…

Hi, I’m divorced but...

Hi, I’m divorced but share the mortgage with my ex husband. He lives in the home we bought together in 2006. I have not lived there since 2010. Unfortunately our property settlement agreement states we share everything 50/50 but now I want to get off of the mortgage and want to buy my own home. He’s not responsible enough to to pay the taxes on the home or the mortgage 100% on time. What are my choices? I’m trying to push him to refi on his own but he still hasn’t done anything. However, I’ve been renting for 5 years and giving money way.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I haven’t done anything. Who should I file paperwork with?

Lawyer's Assistant: Where is the home located?

Philadelphia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that’s all

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Answered in 21 minutes by:
5/3/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20,991
Experience: Licensed Attorney with 29 yrs. experience with Real Estate
Verified

Hello,

Thank you for the information and your question. Just for clarification, does your property settlement agreement say that your ex-husband is supposed to get the home refinanced and that once he does you are to quit claim your share to him?

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Customer reply replied 3 months ago
No. Honestly it was a rush divorce and details were not thought of. It only says that we share the responsibility of the property 50/50.

Thank you for your reply. That is unfortunate that this wasn't a part of your dissolution. I hope you didn't have an attorney. But, in any event, at this point, since you don't have that to fall back on and have the court enforce, you would have to file a petition to have the property partitioned. That term simply means you ask the court for a forced sale of the property. If your ex-husband wants to avoid that action by the court, he will need to take action to have the property refinanced in his name only and then you would quit claim your portion of ownership to him.

That is the only way to get off of the mortgage and to get the property out of your name unless he is willing to sell it or refinance it without court action. You will need to seek out an attorney who handles real property issues for assistance in the partition petition.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20,991
Experience: Licensed Attorney with 29 yrs. experience with Real Estate
Verified
Marsha411JD and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you very much for your time and advice. I know what my next steps should be.

You're very welcome.

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