Ex-wife problems

[ksk2175]

What is the name of your state? Colorado

My ex wife and I still own a home together (both on the title) however only I am named on the 1st and second mortgages she is not.

Our divorce agreement stated that she would remain in the home for a period of 6 months and be responsible for paying the mortgages. For me to keep my 50% interest in the home, I agreed to pay 25% of the mortgages. At the end of 6 months we would agree to sell the home or extend the agreement another 6 months.

We decided to sell the home as my ex wife was finding it tremendously hard to keep up with the mortgage payments. She has 3 late pays ON MY MORTGAGE which only hurts my credit. I wanted to dump the house and get out as we are almost upside down on the financing - no equity. She has been dragging her feet now and not agreeing to lower the price to market value for 6 months now. We both have to agree to lower the price since we are both on the title.

She now lowered the boom on me and said that next month is the last month she can make the mortgage payment. She wants to move out and have me move in and start making the payments. I cannot afford the payments, I am more realistic than she at my financial situation. She is fighting me on lowering the price and we have absolutely no money to be made on the home, the market will only bare about what we owe. I told her the only way I would move in is if she Quit Claimed the deed over to me, then I could make all decisions regarding my credit risk and could drop the price if I wanted or get a roommate if I wanted to help pay the mortgage but I do not want to be involved with her in a business partnership of owning the home together because she is so unreasonable. At first she said she would, then changed her mind and now is pushing hard for me to refinance in an interest only loan so that I can move in and afford the payments and she move out and stay on the title. She said she is not willing to pay me the 25% for her 50% interest as I did while she was in the house. She wants the best of both worlds.

I looking into refinancing and cannot find anyone that will do it with my debt ratio, fica scores, and the late pays on the mortgage.

What options do I have to legally protect myself from having my Ex-wife just bail out on me at the last minute and leave me with a mortgage and my current rent. She said she can take me to court and the judge will make me move back into that house and make the payments like she has done for the past year. I dont think any judge would tell me where I should live or not, but would probably sell the house on auction and I would be stuck with the balance to pay after what would surely be a low bid war.

Any suggestions?

[ksk2175]

This is some talk of why she wont agree to lower the price of the home:

Right now where we have it, and it seems to be competetivly priced, we each stand to walk away with about 2000 each after all is said and done. She has made comments in the past ... "I NEED to get at least 10k out of this house because that is what I put in it" and now when I want to lower it even more, she states "no, I will never agree to lower it any more, we are already not going to get that much out of it and I refuse to go any lower, nope, never" but yet she cannot afford and is refusing to pay next months mortgage payment. This year, this woman has been to the Bahamas twice, Florida three time and just got back from Florida where she had cosmetic surgery. She has been cashing in her 401k and emptying that completely out so that she can live this life of luxury but now cannot pay the mortgage.

Our divorce agreement that she signed and agreed to in front of a Judge:

"During or at the end of the 6 month period a decision will be made and agreed upon by both parties to take one of the following options: (A) the property shall be put up for sale for an amount agreed upon by both parties and any equity or costs shall be divided at a 50%-50% share. During this time the wife shall remain in the home and shall be responsible for all upkeep on the home and yard as to not cause any depreciation, and shall agree to show the home per a realtors request until sale of the home. Any cost related to the sale of the home shall be shared equally between the husband and wife. (B) The wife shall refinance the home or assume the existing home loan entirely in her name and pay the husband a lump sum amount of cash agreeable by both parties. The husband shall quit claim deed the title over to the wife and at that point the husband shall be free of any claims or responsibilities towards the property. "

So the way I see this is that she agreed in writing that she would stay in the house and make payments until the sale of the house. No where in this agreement does it say - Option C - move out when things get too tough or when you have squandered your money away. She agreed to only two options buy it from me in her own mortgage or sell it and stay in it until it does sell.

[sefnfot]

if she stayed in the house and was late on payments and violated her agreement, doesnt that give you rights to sue her?