Mortgage versus deed

[jbw96]

What is the name of your state? PA

My ex and I split up in June after being married for 2 years, and to date have still not resolved the MSA. The main issue now affecting me is that she is on the deed for our house with me, but only my name is on the mortgage. The house is currently for sale, and neither of us is living in it. (She bought another house in July.) My ex is threatening to refuse to agree to sell or rent the house, knowing full well that it's only my name on the mortgage. She hasn't paid the mortgage or any other expenses or mortgage since June, and I have covered everything.

What recourse, if any, do I have?

She quit her $55k/year job in August and is now crying poor (despite buying a new home in July knowing she was quitting her job). She also has two kids from a first marriage, so I know the odds are stacked against me in many ways.

At one point she had expressed the option of signing a quitclaim deed in exchange for me assuming all of our joint debt. That situation benefits her greatly because there will be no money left from the sale of the house once the joint debt is paid off, and likely will still be remaining debt. I have been very willing to go that route nonetheless because I want/need to be completely free of her and to move on.

Any advice would be greatly appreciated.

 

[Ohiogal]

Were you two married?

 

[nextwife]

What is the name of your state? PA

My ex and I split up in June after being married for 2 years,

tWO YEARS.

 

[Ohiogal]

tWO YEARS.

Sorry missed that.
OKay then OP the court can order it to be sold but until it is ordered sold nothing can be done. Also the home she bought is most likely also considered marital property since the divorce is NOT final.

 

[LdiJ]

Sorry missed that.
OKay then OP the court can order it to be sold but until it is ordered sold nothing can be done. Also the home she bought is most likely also considered marital property since the divorce is NOT final.

The house that she bought probably doesn't have any equity at this point.

 

[LdiJ]

What is the name of your state? PA

My ex and I split up in June after being married for 2 years, and to date have still not resolved the MSA. The main issue now affecting me is that she is on the deed for our house with me, but only my name is on the mortgage. The house is currently for sale, and neither of us is living in it. (She bought another house in July.) My ex is threatening to refuse to agree to sell or rent the house, knowing full well that it's only my name on the mortgage. She hasn't paid the mortgage or any other expenses or mortgage since June, and I have covered everything.

What recourse, if any, do I have?

She quit her $55k/year job in August and is now crying poor (despite buying a new home in July knowing she was quitting her job). She also has two kids from a first marriage, so I know the odds are stacked against me in many ways.

At one point she had expressed the option of signing a quitclaim deed in exchange for me assuming all of our joint debt. That situation benefits her greatly because there will be no money left from the sale of the house once the joint debt is paid off, and likely will still be remaining debt. I have been very willing to go that route nonetheless because I want/need to be completely free of her and to move on.
Any advice would be greatly appreciated.

That actually makes sense. If the house is your only significant joint asset, then the equity going to pay your joint debt is completely fair. If there is debt left over, then the two of you could split that debt. Its no different than each of you getting half of the equity in the home, and being responsible for half of the debt. It's also alot cleaner.

 

[jbw96]

Thank you everyone for the replies. I would hope the house she bought isn't considered joint property since it's mortgaged to the hilt.

Aside from a $7k 401k she has and a $2k IRA that I have, the house is the only significant asset. I would hope/think that a judge would take into account the fact that she quit a $55k/year job just after taking on a $220k mortgage, but I also would imagine her 2 girls would be factored into any decision. And I don't want the girls to suffer any more than they already have, which is why I'm trying to settle as cleanly as possible. I know I'm entitled to 1/2 of her 401k, and that I could ask that she repay me the $5k I've fronted for her half of all the joint debt, but I'm willing to let that go.

Since she has made it very clear that she is going to make it as difficult for me as possible though, I wanted to get some opinions on what my legal recourse can be. Thanks again for the replies.

 

[HomeGuru]

Thank you everyone for the replies. I would hope the house she bought isn't considered joint property since it's mortgaged to the hilt.

Aside from a $7k 401k she has and a $2k IRA that I have, the house is the only significant asset. I would hope/think that a judge would take into account the fact that she quit a $55k/year job just after taking on a $220k mortgage, but I also would imagine her 2 girls would be factored into any decision. And I don't want the girls to suffer any more than they already have, which is why I'm trying to settle as cleanly as possible. I know I'm entitled to 1/2 of her 401k, and that I could ask that she repay me the $5k I've fronted for her half of all the joint debt, but I'm willing to let that go.

Since she has made it very clear that she is going to make it as difficult for me as possible though, I wanted to get some opinions on what my legal recourse can be. Thanks again for the replies.

**A: since both are on the dded the property will be considered joint marital property.