Do I have to force a sale of the house in a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to force a sale of the house in a divorce?
I’ve been separated from my wife for over 8 years yet we are still married. I live in one state and she lives in another. I need to dissolve this marriage but she is not willing to do anything to assist in the process. I walked away from the house that we own and am planning on giving it to her straight out. However there is still a mortgage debt on it and she claims her credit is not good enough to get it solely in her name. Do we absolutely have to split the house? Can we continue on the path of getting divorced yet own the home together? In other words, can’t we continue to c0-own it post divorce? I don’t want to be the “dog” that makes her lose her home. I’d like for this to be as amicable as possible and her main worries is the house and the mortgage issue.
Asked on February 7, 2012 under Family Law, Washington
Answers:
Kelly Broadbent / Broadbent & Taylor
Answered 12 years ago | Contributor
In Massachusetts, the house is considered marital property. However, if you can resolve the divorce so that both parties are happy, it is possible to not split each and every asset 50/50.
That being said, in the current economy (where a lot of houses are underwater), it is becoming more common for language to go into a divorce agreement that indicates both parties will remain on the mortgage and deed of the house until one party is able to refinance in their own name. In this type of situation, there is typically language to indicate one party would have possession of the house,and the responsibility to keep the mortgage current. If that party is unable to keep the mortgage current, the other party can take over the mortgage and the house or force the sale of the house, so that it does not go into foreclosure.
This can be risky, since you must rely on your ex-spouse to keep the mortgage current. If they default on the loan, you could have a negative impact to your credit rating. Also, it may prevent you from obtaining financing on another property if you are looking to buy something.
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.