Will someone help me with the joint house?

Tiffanie
My ex is supposed to sell the house or refinance. He allowed the roof to leak this winter and now there is damage. He can refinance and lower his payment to $1, 200 from $1, 480. He owes me $6, 000 out of the house which I agreed to wait if he would refinance. I just got done talking to him and he refused to refinance but will put the house on the market at $200, 000 take as is and not fix the roof but paint the basement. This means there is no equity after paying a real estate agent. So I asked if we could sell as owners to not pay a fee for an agent. No he says I cannot afford to pay for the ad. There is no reasoning with him regarding this situation. He is going to sell and if I don't sign and sell with him he will foreclose. I am never going to see any money out of the equity. I cannot afford to take him to court for contempt of court. Would signing the deed over to him get me out of this bull? I know the loan would still be in my name. Please any suggestions.

Shelley
I am afraid to tell you this is one of those things that are unfair in life. Although it can be unfair to both men and women it is usually the wife who gets the shaft. My sisters ex, which I never liked had to sell his house and split the equity 70/30 because he got to keep some stock, and 2 out of 3 vehicles. After the house would have been sold he would have gotten 4, 000 and she would have gotten 14, 000. He let the place go into forclosure, and he got nothing and his ex got 4, 000. It will usually take you a few yrs in court, and at least 3, 000-5, 000 dollars or more, to maybe win any money from him, and unless he owns other property, he could always file bankruptcy. Which means you could win your 6, 000, court cost, and lawyers fees, but if he has nothing you will get nothing. Your best plan is to move on, hope for the money, but do not exspect it. If he is living in the place you could ask the courts to let you move in, you be responsible for the up keep. If that is not an option. Cut your loses. Sorry, I know what you are going through, I have also been there personally, on the losing end of course.

Ewa
Signing over the deed, gives up your rights to the property - period. It does not absolve you of the financial responsibility of the mortgage unless he refinances and takes your name off. However, have you considered buying him out? Taking over the house etc? You would have a much better chance of recouping your $6, 000 equity position by holding on to the property and selling it later. Have him sign over the deed.

Candace
Signing the deed over to him does NOT get you off the mortgage loan. You need to see a lawyer.

Ila
You said the house is worth 200, 000. What is owed on the house (1st and 2nd mortgages)?

Joelle
I would speak with your attorney about it. If your divorce is finalized and it was written into the divorce that he had to refinance and pay you out, he must abide by it. He is breaching his contract with you. To heck with contempt of court, what about a lawsuit? Talk to your attorney and find out what your options are, can you sue him for court and attorney fees? I'm not a big fan of suing people, but if what your saying is true, then he has failed to maintain the home, (decreasing its value in a depressed market) refinance and pay you per the terms of a legal document. And then he comes up with the idea that he cannot afford an ad but he can afford a real estate agent? He's messing with you, plain and simple, it may or may not be about the money for you, but he's trying to push you around, get your attorney involved and push back, don't let him ruin your credit