QUESTION

Can I force the sale of our house if it was awarded to my husband during our divorce settlement?

Asked on Mar 29th, 2013 on Divorce - New Jersey
More details to this question:
My husband was awarded our home in our divorce settlement. He is late on our homeownerโ€™s association and property tax. He did not make a payment for 10 months and my credit is being ruined. Now the bank had re-modified the home loan without my consent or signature. The original loan had 25 year left on it and now the loan is for 40 years. Can I force the sale of our house? I do not want my credit held hostage by my ex- husband for the next 40 years.
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6 ANSWERS

Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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You may need to file to modify that portion of your order. I'd the court agrees they will order the house sold if spouse can meet the terms of the order.
Answered on Apr 02nd, 2013 at 7:38 PM

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John Arthur Smitten
Yes you have to file a motion with the court.
Answered on Apr 02nd, 2013 at 1:41 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would have to see the papers, however if the refinancing has taken place and you have not signed I would suspect that you are no longer liable for the debt.
Answered on Apr 01st, 2013 at 8:15 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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I do not know if you can force the sale.. However you should be able to force the removal of your name from the deed and the mortgage but this will entail filing a motion to modify the judgment AND forcing him to remortgage the house. Unfortunately it is probably underwater (meaning the mortgage is for more than house is worth. ) so it will be very difficult for him to remortgage. The primary alternative to this is actually filing bankruptcy and quit claiming the house to him.. then you will not longer be liable for the mortgage or the Association dues. This screws your credit for 5-7 years.. but it gets it off your credit.
Answered on Apr 01st, 2013 at 8:03 PM

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If he was given the house in the divorce you can't force a sale. Check your divorce papers to see if there's anything you can do if he's late. If the loans Changed check to see if he took your name off it. Doesn't make sense to have your name on the new loan without your signature If you are not on the new loan he shouldn't be able to affect your credit. Check to make sure you are off the HOA.
Answered on Apr 01st, 2013 at 8:00 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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You sure can. I am confident that the deal you made was that you would allow him to remain in the home IF AND ONLY IF he maintained insurance coverage and paid the mortgage. If he does not do this he has violated the "contract". GO to court at once.
Answered on Apr 01st, 2013 at 7:56 PM

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