Ex is on the deed and will not sell home...

[FlyingRon]

Actually, the other party would be foolish to sign a quit claim at any point prior to the cash arriving in their account. Not literally...if it's done as part of a legitimate sale of the property (ie: using an escrow company, etc.,) then the quit-claim would be signed prior to closing and held for filing, as appropriate.

That's all negotiable. My wife's ex was convinced to deed us the property so we could refi him off. I suppose he could have filed a lien for the portion he was owed as part of the property settlement but he was happy to be free of the mortgage obligation (which at the time was way more than the amount of the sale he would be remitted). The property settlement on the divorce is binding in itself though yes it's risky. It was advantageous to him for other reasons as he got to keep certain other assets rather than having everything split down the middle.

Again, the poster really needs an attorney to help him with this one. Too many things we haven't been told and frankly it's not really a DIY item anyhow.

 

[Zigner]

That's all negotiable. My wife's ex was convinced to deed us the property so we could refi him off. I suppose he could have filed a lien for the portion he was owed as part of the property settlement but he was happy to be free of the mortgage obligation. The property settlement on the divorce is binding in itself though yes it's risky.

The ex did exactly what I said...he signed over his ownership as a part of a legitimate transaction.

 

[LMarie72]

misunderstood...

I am sure that your mortgage contract won't allow those schemes. Besides, why would you want to dump this problem on a relative?

No not dump it on a relative but my family has the financial resources to fight it in court were as I will not until the house is sold. My mother would help so I would not have to deal with the other person. You are missing the whole reason this is happening. This person is a physical threat to myself and my daughter and need to be eliminated from the picture...that is why in your words I am scheming...but Im not scheming Im looking for a legal solution so I do not have to be any more emotionally traumatize by the person. Period the end.

 

[STEPHAN]

It is already very complicated. Don't make it more complicated. Even if your mortgage company would allow you, you really do not want to have a mortage on a house that you do not even own 50%.

Giving you ex ownership in a house that you financed alone was a huge mistake.

 

[Silverplum]

No not dump it on a relative but my family has the financial resources to fight it in court were as I will not until the house is sold. My mother would help so I would not have to deal with the other person. You are missing the whole reason this is happening. This person is a physical threat to myself and my daughter and need to be eliminated from the picture...that is why in your words I am scheming...but Im not scheming Im looking for a legal solution so I do not have to be any more emotionally traumatize by the person. Period the end.

Business is business. "Trauma" is not part of business, and neither is emotion. You made a bad decision based on emotion, but emotion will not avert your consequences.

There's nothing to "fight in court."