What is the name of your state (only U.S. law)? Arizona
I was in a domestic partnership for 6 years and it ended due to a domestic violence incident. I purchased a home and my ex's name was on the deed. Prior to the incident we agreed to sell so after she was in rehab I tried to keep things civil so she would still want to sell. She is still using and has given me a lot of red flags and I do not feel safe so I had a protective order put in place which she is fighting. Due to the protective order she decided to contact the realtor and stop the sale of the house. I already have been doing everything and paying everything in regards to the house. My ex is not even on the mortgage. I am scheduled to move on a lease and planned to sell while not living in the house. By her stopping the sale i will not only be responsible for the mortgage but my lease. She is trying to force me into a foreclosure because she is angry I will not let her see our adopted daughter who I am the legal parent of.
First, because she is only on the deed and I am financially responsible for the house can I rent it out to make up the difference of the mortgage while I try to legally get her to sell the home? Do I have to have her permission to rent it out if she is only on the deed?
Second, is there a way since I am the one on the loan to get out of this situation. Do I quick claim the deed to someone else? How would I sell my portion if I am the one financially responsible to the loan?
Lastly, I was told by someone that sometimes in domestic violence issues there is a way the law can force the other person to sell due to the threat of violence. Is this true? And if this is the case what steps do I have to take to make this happen.
Ultimately I want out of any agreements with this person and I am stuck because the loan is in my name and they are holding control over me by not wanting to sell even when it is in their benefit financially to sell.
I was in a domestic partnership for 6 years and it ended due to a domestic violence incident. I purchased a home and my ex's name was on the deed. Prior to the incident we agreed to sell so after she was in rehab I tried to keep things civil so she would still want to sell. She is still using and has given me a lot of red flags and I do not feel safe so I had a protective order put in place which she is fighting. Due to the protective order she decided to contact the realtor and stop the sale of the house. I already have been doing everything and paying everything in regards to the house. My ex is not even on the mortgage. I am scheduled to move on a lease and planned to sell while not living in the house. By her stopping the sale i will not only be responsible for the mortgage but my lease. She is trying to force me into a foreclosure because she is angry I will not let her see our adopted daughter who I am the legal parent of.
First, because she is only on the deed and I am financially responsible for the house can I rent it out to make up the difference of the mortgage while I try to legally get her to sell the home? Do I have to have her permission to rent it out if she is only on the deed?
Second, is there a way since I am the one on the loan to get out of this situation. Do I quick claim the deed to someone else? How would I sell my portion if I am the one financially responsible to the loan?
Lastly, I was told by someone that sometimes in domestic violence issues there is a way the law can force the other person to sell due to the threat of violence. Is this true? And if this is the case what steps do I have to take to make this happen.
Ultimately I want out of any agreements with this person and I am stuck because the loan is in my name and they are holding control over me by not wanting to sell even when it is in their benefit financially to sell.
