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Forcing a co-owner to sell property

Posted on: 30th Jan, 2006 10:21 am
Good Afternoon, I am in dire need of advice. My ex fiance and I have a joint mortgage loan on a property that he now resides in alone. I no longer live there and do not know what I need o do to get my name off of the loan. He is paying the loan behind every month which is severely damaging my credit. He refuses to sell the property, and he cannot refinance in his own name because he is damaging his own credit as well. What do I do? Please help me. Thank you
Hi Slim,

Good afternoon and welcome to MortgageFit Forums.

This is a critical situation for you and I am sad to find you in such a problem which is common with most divorce cases.

You have to keep your cool under this situation and act tactfully. We are with you to guide you as much as possible.

Your situation needs co-operation from your ex-fiancee. The lender is always going to held both of you responsible so far your name is not off the mortgage.

Refinance is the best way to get your name out of it. I shall advise you to talk to your ex-fiancee and urge him to refinance even with his poor credit. Since you are no longer living there, so why should you suffer?

May be with his poor credit he will get a sub-prime mortgage. If you face difficulty in talking to him take the help of an attorney.

There is need to find out some other alternatives if possible. If he is unable to refinance, then he should sell it and thus get rid off the debt.

You have to discuss with him to make out a possible solution. Give an effort and see if there is any positive outcome.

Stay in contact so that we can find out something jointly.

Feel free to ask us if you have any more queries.

God bless you.

For MortgageFit,
Posted on: 30th Jan, 2006 10:43 am
Hi Slim,

I am sorry to find you in a similar situation as I faced some time ago. But fortunately I came out of it and wish the same luck for you.

I had discussed with my ex-husband and convinced him somehow to refinance and take my name off.

I shall suggest you to take the help of an attorney and see if can offer some legal help.

Initial polite approach may work in this situation.

Wish you best of luck friend.

Posted on: 30th Jan, 2006 11:20 am
Hi Slim,

Are you a co-owner in that home? If you are then in the worst case a partition lawsuit can be brought against your ex-fincee to force the sale of the house.

Under that circumstance, the judge will order a partition sale, dividing the sale proceeds among the co-owners. You have to consult an attorney for the purpose.

Posted on: 30th Jan, 2006 11:44 am
Thank you all so much for your help, I feel better knowing someone else has made it through this. I am looking for an attorney as we speak. Thank you again, and I will keep you all posted.
God Bless you all,
Posted on: 30th Jan, 2006 12:05 pm
My husband and I are separated but not legally separated. I live in the home which I'm co-owner. Can I refinance the house without him having to sign the paperwork? He doesn't want the house and he really doesn't want me to have it either. If he has to sign in order to get the house refinanced in my name, he won't. If anyone can help me, I would appreciate it.
Posted on: 03rd May, 2006 08:35 am
Hi Fluffey

I have few things to ask, is there a mortgage on it. And who is the primary owner. If your husband is a secondary owner then I think you have an option of refinancing it on your name and get the house.
Posted on: 03rd May, 2006 08:52 am
Hi Mac_7
Yes there is a mortage on it and he is the primary owner.
Posted on: 03rd May, 2006 09:05 am
Hi fluffey

Sorry to say but if you go for refinance without his signature then that will be something illegal. Dont even think about it.
Posted on: 03rd May, 2006 09:26 am
Hi Fluffey,

Welcome to MortgageFit Forums.

I can understand the difficulty that you are facing. Since, both of you are co-owner to the house so, both of you have equal rights on the property.

In that case even though you want to refinance, if your husband is not willing to sign for the refinance then, it might not be possible to get it in your name alone.

I would suggest that you try to talk to him and convince him somehow. Since you will be refinancing the mortgage in your name so, the mortgage will also be removed from his shoulder.

You can sort out a deal with him by settling some amount to him for the house. You may take the help of your attorney if nothing comes out from the discussion. Since, you are co-owner to the house, so you have equal rights to the ownership of the house. May be your attorney will come out with a solution.

Feel free to ask us if you have more queries. We will be with you and try to help you in every possible manner.

God bless you.

For MortgageFit,
Posted on: 03rd May, 2006 09:37 am
Hi Fluffey,

Since both of you jointly own the house, any one of you can go to court and force a division or sale of the property. If the property can't be divided then, the sale proceeds are divided.

So, if you have desire to keep the house then you have convince him somehow to refinance the mortgage in your name and have your husband transfer his interest in the property to you. You can pay him off for his portion.

Posted on: 03rd May, 2006 09:49 am

I completely agree with Adonis and other members. Because if you decide to refinance without your partners signature, it will be illegal.

The best thing I can suggest you is that sit down with your partner, and talk to him about this.

Posted on: 03rd May, 2006 07:15 pm
after 45 years of marriage my husband has taken our money from our accounts and put it in different banks in his name.also is saying he is going to sell our home without my this legal?
Posted on: 16th Aug, 2009 04:07 am
Definately its not legal.

I think you should talk with your husband and take decesion on it.
I think its your presonal matter.

Take care
Posted on: 16th Aug, 2009 05:46 am
There's no way of talking to him..he won't listen.I'm going to have to seek legal advise.I'm not going to lose everything like this.He likes to take control when ever there's any kind of small disagreement.He has canceled our credit cards also..that's his way of maintaining control.This isn't the first time this has happened.Thank you.
Posted on: 17th Aug, 2009 02:43 am

Your husband has no right to take your money from your accounts, unless he's a joint holder of the account. In case you're on the property title, he will not be able to sell the property without your signature. If your name is on the title, you're a joint owner of the property and your consent is required to sell the property.
Posted on: 17th Aug, 2009 05:49 am
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