Can my ex-husband rent the marital house still in both names without my consent?

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Can my ex-husband rent the marital house still in both names without my consent?

My ex and I have been divorced for 10 years. He refuses to refinance to take my name off of the house. I am fortunate enough to have a retirement that I paid for my current house out of. The house needs work and has equity, I tried taking out a home equity loan to fix everything and pay off some high interest bills. I cant take that loan out because of the debt to income ratio. My ex is now renting the house with my name on it and living out of country. Is there anything I can do? The divorce paperwork says he is liable for that house and when he was trying to refinance several years ago, I had to sign a quick claim deed in order for him to refinance. The refinance fell through.

Asked on October 3, 2018 under Real Estate Law, Florida

Answers:

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

Answered 3 years ago | Contributor

So the key here is your stipulation of settlement.  It is a contract and the terms govern your actions.  If he was supposed to refinance and did not then it is a breach of that contract and you can sue to rescind that portion or how ever your state laws on contracts will allow. If the agreement has a provision that deals with what happens if he does not refinance then all the better.  But there is ALWAYS something you can do.  Although signing over the quit claim may not have been the perfect option there could be the argumant that it was necessary since it helped you comply with the agreement.  It is not your fault it fell through and it does not relieve him of his rights.  Keep looking for a lawyer to help.  Good luck.


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