Posted on: 30th Nov, 2012 12:22 pm
Hi - I have been battling a divorce for 3 yrs. I have been begging my 3 divorce lawyers to help with the house situation. My ex-to-be and I are both on the the mortgage and deed. Unfortunately I moved out 2 yrs ago and he remained. He has defaulted on the mortgage payment, as well as the property taxes. I have tried to sell and do a short sale over a period of time and yet he still refuses to budge and now he is no longer paying the homeowners insurance. Presently my lender has been picking up the tab on everything. This house is sinking like the Titanic. The lender offer a "dil" and relocation assistant fee and still he has no attention to move out. I went down to court to put in motion a court order to get him out, I am still waiting for that court order. Meanwhile there is a lien/judgement on the house becuz of HIS credit cards. I do not know what else to do to get him out. :cry:
Since the both of you are liable on the mortgage, then you are stuck. Court battles are a long process. Some one needs to explain to the ex, how the DIL and assistance can help both of you start over. Whether thats the court, or someone close to you both. Good luck.
Hi Cathyv,
As both of your are on the mortgage and property deed, you cannot force one person to move out of the property irrespective of whether or not he has paid off the dues. I guess here lies the difficulty. This is such a situation, wherein you will have to depend upon your lawyers and the court.
As both of your are on the mortgage and property deed, you cannot force one person to move out of the property irrespective of whether or not he has paid off the dues. I guess here lies the difficulty. This is such a situation, wherein you will have to depend upon your lawyers and the court.