I own a piece of property with a ex. It is a Fee Simple Deed. She owns the mortgage I am on the deed.. I am remarried and we want to sell the home.

Asked by John Jay, 33558 Tue May 18, 2010

The ex will not be cooporative in selling. What are my rights. (She wants to call the mortgage co. and send it to foreclosure) I want to sell it and split the equity with her.

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Gerard Carney, Agent, Spring Hill, FL
Fri Aug 6, 2010
Do you have in your divorce papers any mention as to how marital assets such as the home are to be dealt with. If for instance you have half the value of the home and that upon a certain time said home is to be sold and each are to receive a portion of the sale, then you need to take this document out of the moth balls and make several copies. Next you need to take this to a Real Estate Lawyer, You would be say allowed to sue her for your half of the value of the home if she were to allow it to be foreclosed on especially if she had funds to pay the mortgage. She can not put the house in financial danger just for say revenge. Having Your name on a deed is nice but banks forclose on properties to regain their financial output. Talk to a Real Estate Attorney about this matter, also call the attorney that represented you for the divorce since they also know the power of that agreement and can nip this in the bud!
1 vote
Anna M Brocco, Agent, Williston Park, NY
Tue May 18, 2010
You need to consult with an attorney and see exactly what options you may have--what did your divorce settlement state if anything regarding the sale of the property.
1 vote
Ed, Agent, Lutz, FL
Wed Jun 16, 2010
Depending on when you bought the property it may not have any equity. What you've said sounds like she has the mortgage liability while you have an equity ,if there is any interest , by being on the deed.,. If it was bought between 2004 and 2010 there's not likely any interest or equity in property. It's a good rule of thumb, from my experience to look at 19991 and again at 2003 prices and expect the sales price now to be similiar. You should consult with an attorney about the possibility of deeding your interest back to her and then she can make all the decisions. Any attorney should be able to answer that question for a small fee, if any.

Good Luck

Ed T.
0 votes
Mark LeMenag…, Agent, Lake Nona Orlando, FL
Fri May 28, 2010
Sorry, this is a matter for the courts, not Trulia's Advice section.
0 votes
Robin Lynch, , Westchester County, NY
Thu May 27, 2010
Hi John Jay,

It is a good idea to consult with an attorney to find out what your rights are and what recourse you can take. A Realtor cannot legally answer this for you. I can recommend John S. Lynch, Esq. He is based in Lakeland, Fl. His phone number is 863-604-2952.

Robin Lynch
Keller Williams Realty Group
0 votes
Alma Kee, Agent, Tampa, FL
Wed May 19, 2010
Dear John,

You will need to hire an attorney to get a Partition Sale. What happens is a judge will give a Court Order requiring your Ex Girlfriend to sell the house.

I can help you both sell the house and work as a go between to facilitate the sale at the highest possible price. I just closed a house in a similar situation with an Ex boyfriend and girlfriend.

Hope this helps.

All the best,

Real Estate Consultant
Alma Rose Kee, P.A.
Charles Rutenberg Realty, Inc.
0 votes
Rick Scherer…, , Tampa, FL
Wed May 19, 2010
I agree with Anna, this is legally beyond the scope of what a realtor can advise you and you need to consult with a real estate attorney. Randall Reder has a law office close to you on Fletcher Ave. He can be reached at http://www.redersdigest.com . Best of luck, Rick

Rick Scherer
Smith & Associates Real Estate
3801 Bay to Bay Blvd.
Tampa, FL 33629
0 votes
John Jay, Home Seller, 33558
Tue May 18, 2010
there was no divorce. she was my ex girlfriend..I stayed in the house paid the mortgage and all the bills while she did nothing. Now I want to sell and she wont..
0 votes
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