Ex living in home with me on mortgage in Colorado. Can she be forced to refinance or sell to take me off the mortgage?

Have been divorced 6 months end of june. Did my own divorce without a lawyer big mistake! Now wife is living in house. Can a court order her to sell or refinance so I can get off the mortgage and purchase my own home?

Asked on May 27, 2009 under Family Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sometimes, it just isn't worth the savings, skipping the attorney's fees in divorce, especially if you own property.

You are probably going to have to file a suit for partition, which in most states will lead to a forced sale of the house -- unless, of course, the ex meets your price for a buy-out, which she'll have to refinance to get it and pay off the old one your name is on.  I would really recommend hiring an attorney in your area, because reliable advice has to be based on all of the facts.  I don't practice in Colorado, and the law differs from one state to another, and without all the facts, including the divorce judgment you got for yourself and some other things, I can't tell you what's your best option.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.