More details to this question:
My ex and I are divorced, we both have the house that is upside down, he lives there and not keeping up with the payments, he signed the deed over to me and we only have a verbal agreement that he can stay as long as he make payments on time. we both are on the loan can I refi without him and take the house or can I evict me and take the house.
1 ANSWER
R. Christopher Reade
Once the Divorce Decree is executed and title is vested in you exclusively, he no longer has any legal right to reside in the Subject Property (although often the right of you to take title is directly tied to you refinancing and removing him from the loan obligations). So the answer to whether you can evict a tenant who is not paying rent is usually yes. However the first place to look regarding rights and obligations regarding the Subject Property post-divorce would be your Decree.
You can usually refinance to take him off of the loan for the Subject Property, but, under the circumstances set forth in your question, many people choose not to refinance because it will entail you having to pay down a loan for a property which is upside down. You should consult with Counsel as to your rights and best course of action.
Answered on Nov 12th, 2012 at 12:32 PM