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I know I'm being bad, but why don't you rent out your half.
Seriously, you need to talk to an attorney and get this straighten out.
busta
Problem is trying to figure out his half. It could be the top half which is all attic and at 150 degrees might be a little uncomfortable for the tenant.
Are you sure that the divorce decree didn't stipulate that she must refinance in her name only? Would it have been possible for her to do so before she lost her job? If not, get an order for the home to be sold, or for her to buy your interest in it, OR force her to refinance in her name only.
The divorce decree stated that she must refinance in her own name. However, her argument is that no one will refinance her. Who would I get an order from, a judge? I have been trying to force a refinance, but that is easier said than done. Nothing legally states that a bank has to approve it.
A local bank had told me that the HARP program is used for cases like this. Basically, when she divorced me, she lost half of her income due to my departure (which a loss of income is a qualifying event for this program). Is anyone here familiar with someone who has used HARP in a divorce situation like this?
These really are questions for an attorney - and a banker/mortgr. You can force her to sell if she cannot refi assuming, as you said, that the decree stipulates she must refi. If the decree does not stipulate what to do in the event she cannot refi, you might need to go back to the court and ask for a judgment forcing her to sell.
It is in her interests to agree to sell and to purchase something she can afford. or rent.
However, being that she has lost her job, don't be surprised if she takes you back to court to amend the divorce decree concerning the house and to amend the order for child support.
I definitely agree that you need to go pay another visit to your attorney. This is the type of thing you pay them to help you deal with in a divorce. If she hasn't refinanced (for whatever reason), she has not followed the court ordered divorce decree, and you need to have the attorney follow up in court on this.
If some parts of the USA are still intact, I do not believe that someone can as yet force another person to own anything they do not wish to own, other than, say, ownership of their own actions & decisions, unless you are in politics or a banker, apparently.
This issue might be a matter of tenants in common, though I am no attorney. Do consult a professional but do your research first. Here's a quick read:
"A Forced Sale of Real Estate is an action that taken in a civil court forcing the owners to sell the property at issue and divide the profits. A forced sale would be the result of a petition to partition action."
3yrs back my grandmother signed over her interest in the property to me so now its my aunt and i name on the house. My aunt has not stayed in the house for more than 28yrs nor help pay property taxes. My grandmother passed away 6 months ago. Two months before her passing i was going to move my family and i in but the people staying there made it so uncomfortable i wasnt able to do that. The people staying there are not paying rent and when i told them i wanted them out they said my aunt owns 50% so they dont have to.. that person was my mom.. SSSSSoooo talked to aunt about refinances and buyiing me out thats a no, asked about selling it and thats a no to.. she dosebt even stay there and not paying property taxes.. the house is paid for but not in greaat condition.. Can i evict the people staying there?
3yrs back my grandmother signed over her interest in the property to me so now its my aunt and i name on the house. My aunt has not stayed in the house for more than 28yrs nor help pay property taxes. My grandmother passed away 6 months ago. Two months before her passing i was going to move my family and i in but the people staying there made it so uncomfortable i wasnt able to do that. The people staying there are not paying rent and when i told them i wanted them out they said my aunt owns 50% so they dont have to.. that person was my mom.. SSSSSoooo talked to aunt about refinances and buyiing me out thats a no, asked about selling it and thats a no to.. she dosebt even stay there and not paying property taxes.. the house is paid for but not in greaat condition.. Can i evict the people staying there?
Just my un-lawyer opinions and questions:
The fact that the aunt has not lived there or paid anything is probably irrelevant. Names on the deed is likely all that matters.
I'm a little confused. Your mom is the person living in the house? So you tried to kick your mom and "other people" out and they refused? Why did your grandma leave the house to you instead of your mom, especially since the other name on the deed is your aunt, and your mom was already living in the house. Seems odd to me.
Who is paying for the taxes and insurance and upkeep. You said your aunt isn't. Is your mom? Are you?
I don't even know if you technically could evict the tenants if your aunt wants them to stay. That would be a question for a lawyer. But if the tenant is your own mother, do you really want to evict them? That seems pretty harsh. However, if you are the one paying all the bills, while they pay no rent, that isn't fair either.
Need more information to voice any kind of real opinion on this. But this really sounds more like a family issue than a legal one.
If you do not have a close family, and your dynamics are such that you really do want to kick your mother out on the street, you should talk to a lawyer to see if you have the right to do so. If you want to continue to be friends with your family, you should try to work this out without involving an attorney.
If I totally misread this and your mother is not the tenant, then again, my advice is to see a lawyer to find out your rights. Joint ownership with someone who doesn't have the same goals as you is complicated and usually requires a lawyer to sort out.
Also an UNlawyer opinion: You CAN sell your half-interest in the property. You cannot force your aunt to sell hers. I'd make a bet that the property is owned as tenants in common. Look up the statutes for your state: <state> laws real estate tenants in common. Hire an attorney. If you don't know any, then contact your bar association lawyer referral program and get an initial low-cost consultation.
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