Posted on: 19th Aug, 2011 08:00 pm
i divorced my ex over a year ago and in the divorce decree she got the house. however i am still on the mortgage and i am still on title. she has not been paying on time and i was turned down for a home loan with my new wife because of her. she refuses to leave the house, she refuses to sell and when i tried to discuss it with her she flips out, screams at my attorneys and offers no solution. the house has been in and out of foreclosure twice in a year. she just makes a payment every few months to avoid foreclosure just to drag this out. it is ruining my credit. a real estate lawyer told me i could file a partition. we are in california and owe more than the house is worth. can i file a partition even though we are divorced? she is in breach of the divorce decree since she is not making payments. i can't let this keep going, i need to do something. can i force a short sale? she is not agreeing to anything.
i don't see why you can't file a partition suit. in my opinion, the lawyers who represented the two of you in the divorce dropped the ball. this whole house issue ought to have been adjudicated there...the lawyers ought to have presented the judge with an equitable settlement that would have allowed for a sale or a quit claim deed combined with a refinance. you can always seek enforcement of the terms of the divorce, i suppose; but that seems a tad bit late.
Yes, it was her lawyer who wrote the agreement and it does say I will sign an interspousal deed transfer. But she never prepared it, and once she did she was already over 1year late and I felt she was in breach of the agreement so I would not sign off title until she became current with payments. At this point I don't see that ever happening. It sounds like filing a partition is the only answer.
I concur - you need to be on the way to the courthouse today, I think.