Still on the mortgage with my ex-wife, questions about selling and foreclosure

[fistsensei]

What is the name of your state? NC

My ex-wife and I had a no-contest divorce. We still have a mortgage in both of our names, and she lives there. I have established residency elsewhere and do not go to the property. I refuse to sign a quit-claim even though she wants me to.

She wants me to give her 1/2 of the renovation costs since I refuse to sign the quit-claim. She also regularly states that she might have to "turn the house back into the bank" if she can't sell it soon, due to not being able to afford the mortgage (which is $712 a month, and she has a roommate that pays $350 of it).

I wanted to verify that I have no legal responsibility to do anything to the house, and if she pays for renovations it is her own choice.

As to the sale of the house, I put a lot of money into it when I still lived there and will take my 1/2 of any profit. Is that something worked out beforehand, at the sale or after the sale? When we are signing over the property do they automatically give 50% to each party on the deed?

If she does decide to stop making payments, what are my options? Can I try and refinance her name off of the mortgage, essentially 'buying her out'?

She can be a bit vindictive and I'm trying to plan ahead for anything she might try to make things difficult.

[FlyingRon]

Excellent idea. Do not release ownership interest unless it is concurrent with a release from the loan obligation.

What renovation costs? What profit?

Her failing to make her payments will ruin both off your credit. You have obligation to pay the mortgage, the divorce didn't change that.

You need to go back to whatever divorce action you had and compel her to make her payments (provided such was provided by the court).

Your options are to pick up the payments to avoid a deliequency blot on your credit and try to pursue her through the courts for her obligations.

You can make her an offer to completely buy out her interest, refinance it in your name alone, and kick her out.

You can see if you can cut her a deal to do the opposite (you two agree on a price and she refinances and buys you out).

You're probably going to need a lawyer one way or the other.

[fistsensei]

I was speaking theoretically of any profit the sale of the house might make.

She intends to do "renovations" to make the house more appealing. I have no idea what they are, it doesn't need any major repairs from what I'm told.

She has not missed payments yet, but it is something she threatens me with so I want to know just what to do if it occurs.

Thanks!

[FlyingRon]

If she intends to put the property on the market immediately, I'd seriously suggest going in dutch with her on the fix ups. Your best option at this point is for you to get this place sold off (if you can clear the mortgage).

[fistsensei]

Originally Posted by FlyingRon

If she intends to put the property on the market immediately, I'd seriously suggest going in dutch with her on the fix ups. Your best option at this point is for you to get this place sold off (if you can clear the mortgage).

I'm agreeing with you on the best option.

She isn't the easiest to work with, and I doubt we could agree on money and repairs. I've put a lot of money into the house already and would like to avoid putting anything else in.

I think she wants to renovate and try and sell for a profit, it should clear the debt as-is.

Can I put it on the market myself without her consent? I know that if she refuses I can "petition to sell real estate".