Forcing a Sale of Home

[IRMA10]

What is the name of your state? AZ

I posted this before but have a new question. My ex-fiance and I purchased a home in May of 2005. The mortgage and the deed are in both of our names. Our relationship ended in January of 2006 and she moved out of the home. She has been paying for half of the mortgage, and originally she wanted to refinance in May and buy me out of the home. I am still living in the residence and paying all of the bills that come along with it. She is now stating that she does not want to keep the house and wants to sell. The problem is that everytime I try to contact her regarding the sale of the home she keeps saying that we will talk soon. I need to put the house up for sale soon. It is hard for me to pay all of the bills on my own and I want to get out of the house before it finacially straps me, or more than it already has. I do not know what to do. Finacially and emotionally this is getting hard. The house was bought with both our incomes in mind, and when I try to explain matters to her all I get is "you can't sell without my ok". I understand this, but I feel like something has to be done soon before I loose it all. There has to be something legally that I can do to start the selling process with or without her. I just want to move on with my life as quickly as possible, without too much damage to my credit and finances. Any advise at all would be helpful.

[seniorjudge]

Originally Posted by IRMA10

What is the name of your state? AZ

I posted this before but have a new question. My ex-fiance and I purchased a home in May of 2005. The mortgage and the deed are in both of our names. Our relationship ended in January of 2006 and she moved out of the home. She has been paying for half of the mortgage, and originally she wanted to refinance in May and buy me out of the home. I am still living in the residence and paying all of the bills that come along with it. She is now stating that she does not want to keep the house and wants to sell. The problem is that everytime I try to contact her regarding the sale of the home she keeps saying that we will talk soon. I need to put the house up for sale soon. It is hard for me to pay all of the bills on my own and I want to get out of the house before it finacially straps me, or more than it already has. I do not know what to do. Finacially and emotionally this is getting hard. The house was bought with both our incomes in mind, and when I try to explain matters to her all I get is "you can't sell without my ok". I understand this, but I feel like something has to be done soon before I loose it all. There has to be something legally that I can do to start the selling process with or without her. I just want to move on with my life as quickly as possible, without too much damage to my credit and finances. Any advise at all would be helpful.

You will need to hire a lawyer to file a partition suit. The place will be sold on the courthouse steps and anyone may buy it. All the expenses are taken out and then, if there is anything left, y'all split it.

Set aside about $20K and three years for this process.

[IRMA10]

So no matter what I do, financially I will be hurt. Thanks for the advise. I was hoping there would be better news. Can you refer me to any information regarding a partition suit?

[BelizeBreeze]

Originally Posted by IRMA10

So no matter what I do, financially I will be hurt. Thanks for the advise. I was hoping there would be better news. Can you refer me to any information regarding a partition suit?

have you even thought about leasing the home?

Yes, she would get half, but you would also get the mortgage paid and if she then wants to sell the lease would go with the home.

[IRMA10]

Can I lease the house without her permission??

[IRMA10]

She is now holding all the cards now. I have offered to buy her out, so that I can sell, and she refuses to sell to me. Anything I need her ok to do is not going to work. I now see the importance of a piece of paper that says we are married. I would have more support and rights within the legal system.

[BelizeBreeze]

Originally Posted by IRMA10

She is now holding all the cards now. I have offered to buy her out, so that I can sell, and she refuses to sell to me. Anything I need her ok to do is not going to work. I now see the importance of a piece of paper that says we are married. I would have more support and rights within the legal system.

Then file partition.

[HomeGuru]

that's about all that can be done at this point.