Would like to Compel to Sell

[Dartaria]

What is the name of your state (only U.S. law)? Colorado

My husband has not been staying at our home when he does not have our kids. I do not stay at the home and recently found out he moved people in who I know will not take good care of it and could cause damages. I would like to get him to sell the house or refinance it to get my name off. He recently missed 2 months of mortgage payments and barely caught up but my credit has been damaged and I need to get a place for me and my children. I would like to try and get my part of the equity to get me and the kids a place and really want to do it before the people who were moved in without my permission damage our home and reduce the appraised value. What paperwork or steps should I take to get this done asap?

 

[Just Blue]

What is the name of your state (only U.S. law)? Colorado

My husband has not been staying at our home when he does not have our kids. I do not stay at the home and recently found out he moved people in who I know will not take good care of it and could cause damages. I would like to get him to sell the house or refinance it to get my name off. He recently missed 2 months of mortgage payments and barely caught up but my credit has been damaged and I need to get a place for me and my children. I would like to try and get my part of the equity to get me and the kids a place and really want to do it before the people who were moved in without my permission damage our home and reduce the appraised value. What paperwork or steps should I take to get this done asap?

Have either you or hubby filed for divorce?

 

[adjusterjack]

What paperwork or steps should I take to get this done asap?

It's called a divorce petition.

And there's nothing ASAP about it.

 

[HRZ]

Plus you might be smart to be in and out of your home on an aggressive basis and make use of the place...absent advice from your lawyer to the contrary.

Get a lawyer and review your options inc but not limited to divorce like darn soon .

IF you acquiesce to strangers living in your home it may soon smell like they are your tenants and you agree to the situation .do not snooze on this .....

 

[HRZ]

PLus..if it is being rented out t hat may invalidate your insurance and trigger your mortgage coming due and tenants have a big pile of rights...

Worried...you should be...

 

[HighwayMan]

Your situation looks far from simple. You need an attorney. You should, at the very least, consider consulting with a divorce attorney.

 

[justalayman]

Plus you might be smart to be in and out of your home on an aggressive basis and make use of the place...absent advice from your lawyer to the contrary.

Get a lawyer and review your options inc but not limited to divorce like darn soon .

IF you acquiesce to strangers living in your home it may soon smell like they are your tenants and you agree to the situation .do not snooze on this .....

it doesn’t matter if the op agrees with the tenant situation or not. She is bound by it. She does have a right to 1/2 of any profit derived from the tenancy though.

Op needs to be aware of and comply with the laws regarding what a landlord can and cannot do. If she goes barging in and causing legal issues for herself.

 

[HRZ]

I am not so sure that my spouse can freeze me out of the family home by claiming it's rented to some stranger , while I was out for some indeterminate time ....unless somehow I have acquiessed to the deal.

ANd I am not so sure I would be the occupants LL

 

[justalayman]

I am not so sure that my spouse can freeze me out of the family home by claiming it's rented to some stranger , while I was out for some indeterminate time ....unless somehow I have acquiessed to the deal.

ANd I am not so sure I would be the occupants LL

Well, you’re wrong on the first count. A co-owned home can be bound to contract by either party. The second party is bound just as the first party is.


As to being their landlord; technically you are correct. You would not actually be their legal landlord since you were not a party to the contract. The reference to being a landlord was more of a figurative sense than a legal sense.

 

[HRZ]

That is super scary that one could be frozen out of your own home if ones spouse leases it out ..to a friend or what ever ?

i would agree a TIC owner could do,as he or she pleases with his or her separate share

 

[PayrollHRGuy]

No different that a completely happy couple when one allows a M-I-L to move in.

 

[HRZ]

THe presence of MIL is not a bar to the spousal use of own home ...there may be aquisence of other to MILs presence ...but that's not quite the fact pattern being posted...

 

[PayrollHRGuy]

The OP said nothing about being barred from the home. Just that someone else was there.

 

[justalayman]

The OP said nothing about being barred from the home. Just that someone else was there.

Presumably if the home was rented to another party they would have been granted rights of full possession of the property.

 

[HRZ]

Therein lies the question ...IF for example I own 50% of Blackacre ...at best I can lease or encumber just my 50% ...you may need to tolerate the presence of my MIL but you are not barred. THe OP post is a bit unclear if she has been denied free access and use or if he has leased it or whatever ...but OP you need to be more proactive to preserve your rights and options ...to hire counsel .