Can my ex force me to sell my home?

I had my ex-wife sign a quit claim deed on our property some years back, initially to protect my home. Her name is still on the mortgage. The mortgage is current and has been since she left. Now3 years later she is threatening to force me to refinance but I can’t at this time do to on-going construction. My current wife, our children, and I are living in the home.

Asked on September 13, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As I understand here, legally it is no longer hers, correct? And that was pursuant to your divorce decree?  In other words: you got the house? Then as long as the mortgage is covered and current she has no legal standing  - she "owns" nothing - to force you to sell the house.  It is known as an action for partition, where you tell the court that you want the asset to be split down the middle.  Courts can not split a house down the middle so they order the house sold and the assets split.  I would double check with your attorney who drafted the divorce settlement to be sure.  Good luck to you.  


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