nani67 said:
My husband wants to remain in our home and I was told by a realtor that he would have to refinance in his name only so that I could be taken off because if he is ever late on the payments it will still show up on my credit report. We got into it this morning and he said that the court cannot force him to take my name off and he said that he is NOT going to take my name off. He has already had past due notices from a couple of loans that he has in name and one in both of our names(but he makes the payments for braces). He said that he would not pay the mortgage late but he would do whatever just to hurt me. What can I do? Thank You.
My response:
He's full of crap. Of course the court can "force" him to sell the home. Read carefully:
Since you never said whether you are in the midst of a divorce, I will assume that you are. Nor have you told us what State this is happening.
Generally, incident to an action for dissolution, a judgment decree of divorce should reserve jurisdiction to partition the undivided interests at a later date (otherwise, the parties' remedy would have to be by independent partition action).
Where "economic circumstances warrant," courts also have discretion to delay the partition of an asset, giving one party interim exclusive use until it can feasibly be sold and the proceeds divided.
In other words, tell him you're going to sue him for your share of the assets in the home by forcing a sale of the home through a lawsuit for "partition" - - which is a legal term for "cutting the pie in half".
IAAL
[Edited by I AM ALWAYS LIABLE on 12-22-2000 at 01:08 PM]
