Ex has no immediate financial burden to our house yet how can she force the sale?

Natisha
I've been divorced for over a year and she moved out with our boys. I have been living in our house since..I am current with all payments, as difficult as it is..I have not asked/received any money for the house. Her name is still on the Mortgage. I can not get her off until the house is refinanced or sold..Like many, the house is showing no equity. Can she force the sale of the house, on the bases of not being able to obtain financing for her own home?

Belinda
Her name is still on the Mortgage is one issue. If that means she is also on the title to the home as a co-owner, yes she can.She's a borrower; she has an immediate financial burder.

Belen
yes, she can, but as the last poster said, this might hurt her more than help her, especially if you are upside down on the home. after all, people force a partition sale to get equity out of a home. no equity means she would be shooting herself in the foot. she would be way better off waiting for the market to rebound.however, there is the point to consider that she might not want to take chances that you will either not be able to or will stop paying, therefore impacting her own credit. you need to talk to a lawyer and your bank to find out your options here.

Gigi
Yes. Since you are no longer husband and wife she can petition the court to force a sale. It's called a partition sale. However she may think twice. If you owe more than its worth, she will also be liable to come up with the funds to pay the difference.realtor.sailor