Been divorced for 3 years. ex hubby got everything. my name is still on 2 mortgages with him and on the deed to the house 2.12 acres. He has never refinanced. he pays all payments but my income to debt ratio is outrageous! Can I force him to buy me out? Property is in MD. were married for 27 years. I helped build the house even.
Answer
If he refuses to buy you out you can file a court case known as a partition action. You would ask a court to appoint a trustee to sell the property. Your ex would claim he's entitled to reimbursement for the post divorce expense--interest on the mortgages, taxes, capital improvements, etc. You should have resolved this issue as part of the divorce--now it's going to be much more expensive and cumbersome. With today's low interest rates, it would be much smarter for him to refinance and, if there's enough equity in the property, buy you out for an amount that you can agree upon.
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