Long story short, my ex spouse took the opportunity when I wasn’t home to bring her sister’s and pack up all her things to go live with her mom. I came home to an empty house and then received the text that she had to leave for her mental health. So I’m here with the house trying to improve my credit score to refinance her out the mortgage as she is agreeing with it. She then texted me saying if I can’t get her name off by the end of this year, she’s already talked to two lawyers and they will sell next year in April. I’m not trying to sell, I have nowhere else to go. Will I be forced to sell?
Yes, more than likely in mediation or by a judge’s decision, you will have to sell the house.
I had a similar experience. I managed to refinance after getting her to sign a quit claim deed. To meet mortgage requirements, I rented out a room. It may help to show this rental income when you refinance.
@Kai
In Texas, you need two years of rental history before they will consider the income.
Laine said:
@Kai
In Texas, you need two years of rental history before they will consider the income.
Is it 24 continuous months or two tax returns? I think it’s two tax years.
Laine said:
@Kai
In Texas, you need two years of rental history before they will consider the income.
It’s probably true now. My situation was before the housing market crash when it was easier to get a loan. I had no fixed address for a couple of years but managed to save enough for a down payment.
A judge can indeed require a property to be sold. You should consult a local attorney to understand your specific situation better.
Texas is a community property state. Don’t refinance her off the loan until you are legally divorced. Consult an attorney or try to resolve it amicably.
Amar said:
Texas is a community property state. Don’t refinance her off the loan until you are legally divorced. Consult an attorney or try to resolve it amicably.
Let the court or lawyers handle it.
Amar said:
Texas is a community property state. Don’t refinance her off the loan until you are legally divorced. Consult an attorney or try to resolve it amicably.
Securing a loan can be difficult with a pending divorce due to potential liabilities. It’s crucial to wait until the divorce is finalized.
If both of you are listed on the mortgage and deed, she cannot sell the property without your consent, unless a divorce proceeding decides otherwise.
Rayne said:
If both of you are listed on the mortgage and deed, she cannot sell the property without your consent, unless a divorce proceeding decides otherwise.
She might be able to force a partition sale.
Rayne said:
If both of you are listed on the mortgage and deed, she cannot sell the property without your consent, unless a divorce proceeding decides otherwise.
In joint tenancy, any listed party can file for a partition suit to force a sale. This is true in every state.
She can force a sale through a partition suit, married or not. I spent a lot on legal fees in a similar situation. It might be better to sell now, rent, and move on with your life.
Elliot said:
She can force a sale through a partition suit, married or not. I spent a lot on legal fees in a similar situation. It might be better to sell now, rent, and move on with your life.
Can someone force a home sale if they’re only listed on the deed?
@River
Yes, being on the deed means ownership, and that’s when a forced sale can occur.
@River
Yes
Elliot said:
She can force a sale through a partition suit, married or not. I spent a lot on legal fees in a similar situation. It might be better to sell now, rent, and move on with your life.
The laws might vary by state.
This is a situation where you should not take advice from non-professionals. The laws specific to your state and the details of your relationship will greatly affect the outcome. It’s crucial to talk to an attorney.
Improving your credit quickly is vital. Consider posting in credit forums for advice. You might need to refinance or sell if you cannot improve your credit in time.