This seems to be a question for your attorney for what exactly you should do. I am not an attorney, so any suggestions here should not be construed as legal advise.

For the real estate aspect, there are several avenues of what could be done. Each one will need differant courses of action.

You could "buy" the portion of the home owed to him and get a quit claim deed. This is the easiest, yet for obvious reasons, most costly. You would need to get the home appraised for the proper portions to be divided.

You could put the home up for sale and divide any proceeds or, if money is still owed, any payments to be made. The problem with this, is that there would be conflicts from one owner to the other on what the listing price should be and what would be accepted in any offers. This could get dragged out unless provisions are made to list it at the average price of several market analysis reports and that the home will be sold if offers are within x% of the listing price.

Unfortunately, there is not easy out if either or both parties are bitter in the process. As for him being on the loan? Talk to the lender to see what you could do.

Sorry I could be of no real assistance.

Terrence Charest

Hello,

there is not much you can do but to call your lender and see and they will help you to do a short refinance.

If not, then you will probably have to try a short sale to get rid of the house as a whole but you will be hit with lates as it seems to be the policy of most banks that you have to be late on your payments in order for you to possible qualify for a short sale.

There is not much he can do in court anyways, except waste everybody's time. It is not your fault that the Real Estate market is what it is currently. Can you have a conversation with him? May be has better answer to this problem.

Good Luck