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Can I force my ex-husband to sell our house?
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Can I force my ex-husband to sell our house?

My ex-husband has lived in "our" house since October 2008 (with his partner and her son), he pays the mortgage but does not pay me any rent. He has defaulted on the mortgage on numerous occasions and is in arrears at the moment. He only sees our 2 children on alternate weekends and now that his partner is expecting another baby there is no room for them (the will have to sleep with the baby who is going to be a boy, my daughters are 14 and 16). I have asked him to get a change of ownership form from the mortgage company, I am happy for him to take over ownership of the house! The fact that he keeps defaulting has also affected my credit rating!! Can I force him to sell?

I have personal experience in this. What the courts say in a divorce about who gets the house doesn't mean squat. The mortgage company doesn't care and is under no obligation to do anything. As far as they are concerned you both still own the house and are both responsible for the loan. Again what the court says doesn't matter. As long as he is making the payments you don't have much option to force a sale and if he defaults you can be held liable. I was when my wife's ex defaulted. Unless you get your name off the deed you will be responsible. In order to do that he needs to sell or he needs to buy you out. I suspect that he cannot qualify on his own so that is a problem. The path I would take is to give him the option to buy you out or as part owner you can put the house on the market. It is a nasty situation. Good Luck

Not unless it has been agreed by divorce. You will have to go to court to sort it out

Take him back to court. If both your names are on the house, he has to a) sell and split the money with you or b) have the house appraised, then refinance to give you your portion of it's value.

Garnet Glitter's No BS Zone
Seek the advice of an attorney..I am sure you have a legal remedy....good luck.

All We Need Is
Depends. If he had an option to refinance, you will have to wait to force the sale. Look over your final DD.

Michael O
You can dispute the ding on your credit if he was awarded the house in the divorce. You could also take him to court if you can show this has had a negative impact on your life, but I think the first course is going to be the best. Just make sure that the mortgage company has it and then you can dispute it with the three bureaus.

Pam R
If both of your names is on the house, and you did not sign the house over to him when you divorced, you can seek an attorney to force a sale

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