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Selling a house with my ex husbands name on it

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tsdaughe

Junior Member
Virginia
I was divorced in December 2011. I got the house in the divorce. I didn't want it but he refused to take it and at that time it was a good $50,000 underwater. He wouldn't agree to anything else and becoming a single mom I was concerned about my credit being ruined. I just wanted everything over and was tired of his threats etc so I agreed.
The decree states I was to refinance the house in my home only by October 2015. I tried and tried but due to the house being valued way under what is owed the only way to refinance was to bring $20,000+ in cash at closing. Then and now, that isn't feasible. At all. The decree says that if the house cannot be refinanced by that date it will be sold. Unfortunately, hind sight being 20/20 I know realise the language isn't specific enough.
So, I am now remarried. I have continued to make the mortgage payments the last almost 6 years in time. I recently had to file chapter 7 bankruptcy but the house was protected so I am still here making payments. I have 2 special needs kids. One with autism and the other was just disgnosed with a neuropsychiatric condition, anemia and immune deficiency issues. This last school year was hell. Me and my husband had to hire an advocate to fight the school. Someone put a noose in a tree and told my son to kill himself. My daughter was suspended and sent home early over and over while denying her services. I cannot put them through another year of that. I just can't.
So, my husband has been approved for an fha home loan. So we can get into 1 of 3 sought after school districts. I have had several realtors come to the home I own with my ex husbands name on it. All say the same thing which is I would need at least $10,000 at closing even for a for sale by owner assuming I could sell it at the price needed. I just don't have that money. I told my ex we can short sell it. He says no. I understand because it will hurt his credit and his security clearance. I mentioned renting it out. He said no. I called around and found a local investor who will agree to purchasing the home for what the balance of the mortgage is. We sign the deed over to them. They fix it up and in short flip it and pay off the mortgage once that happens. It will probably take 18 months due to the market right now. I presented my ex with the information and he said he will think about it. Then said he would want a contract drawn up seperate to the one with the investor and that I have to foot the bill. What are my options? I have stayed here and paid for over 5 years. On time. While he now lives in a 5 bedroom house and bought land and built a 2nd house. I don't want to just walk away cause I don't want to screw him over but I am sick of every thing I suggest to fix this being shot down. Plus, he constantly harrasses me about the house still having his name on it.
Sorry so long. What can I do if he refuses to sign everything and declines all options?
 


adjusterjack

Senior Member
I don't want to screw him over
Why not? He's obviously screwing you over.

What can I do if he refuses to sign everything and declines all options?
Take him to court and get a judge to compel him to cooperate under pain of contempt. That's going to cost you a few thousand in lawyer fees. But you probably don't have that kind of money either.

So, my husband has been approved for an fha home loan. So we can get into 1 of 3 sought after school districts
So go do it. Be more concerned with your current family and stop worrying about throwing your ex under the bus.
 

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