Ex husband refuses to sell house

[lowroller58]

So I got a divorce in Florida a year ago. I made many mistakes in the divorce like, I agreed to pay half the morgage untill the house sold. A year later the house has not sold my ex husband is still living in it and refuses to lower the price to help sell it. He has no incentive to sell the house as I pay half the morgage and he gets to live there alone. The house has negative equity now because of the housing crunch. I am prepared to sell at a loss but he said that he would not sell unless I pay for all of the loss and he pays nothing. I now live across the country and am paying for my house here and half of that house. At this point I am ready to forclose on the Florida house but he said because our divorce settlement says we will split the morgage that by law I have to pay. What can I do I feel like I have no options. I don't know if it matters but he is in the military.
Thanks

[tbyte]

Did you have an attorney?
Have you reread your divorce decree CAREFULLY to make sure there were no limits to the payments, or stipulations that you be removed from the mortgage?
I think you could go back to court and claim that there was an oversight, and that final disposition of the home was never decided.

[lowroller58]

There was no attorney. I know... I know.... it was a huge mistake.

[tbyte]

Then I think you need to go back to court.

and this time hire a lawyer!

No doubt - you need to get to court with a lawyer ASAP. The court will frown upon his behavior.

Best wishes!

[RJJ7]

I'm in the same situation but my ex states because of the market conditions he can't refinance. Therefore, my credit is being used and abused and my debt ratio is so high that some of my credit cards are being withheld for credit. We are going back to court. Any advice?

I am in similar situation. Going back to court to settle dispute over house. Sale was in process when ex decided not to sell. What are chances in court? Divorce settlement states house will be sold and net proceeds, if any, split 50/50.

Good Luck! That's all I have to say. I have been dealing with a same situation and have been to Court in Florida several times. Almost a year and no-final hearing on it. Mediation settlement Agreement with counsel present. Remember "To keep --- wholly harmless clause" - I would like to know how much that clause weighs in our final decree. It seems to mean nothing to me as it has not offered me any protection or Recourse, don't even know why it was written in. My ex, was suppose to refinance our marital home back 2 years ago (that ex was awarded,) before our Final Divorce proceedings, and as of present ex claims to have tried several times to do so, and due to economic conditions has been unsuccessful. Why would the bank wish to remove me anyway, I am another person to come after if mortgage goes into default. The Court says well I am sorry ???. So we can't force the bank and the bank cannot give a loan since there is no value in the home and the loan now is more than the home is worth, also so sorry for the hardship that it has caused you as my credit is totally destroyed due to ex not paying the mortgage and it being reported against my credit 10+ times. My credit is compeletely shut down, interest rates went up, (just in time before they will not be able to raise them), and I always valued my credit and paid everything on time. But all it seemed to take to create hardship for me was for ex not to make payments to mortgage in order to take up on what others decided to do - takin up on the Obama mortgage modification loan plan, you have to go into default before the banks or help is offered (great help), and has somehow worked out a plan to get them to do a modification of loan to remove me and without me signing any documents, and has told the Court this recently on an update, and that seems to be ok with them, (remember modification but not a refinance as I stated), and ex has made it through a trial period of payments with the bank, now bank recently contacts ex and is voiding it due to me not signing it. What's next.. No recourse for me, lawsuit perhaps, but which attorney... I need to hire all of them, Family, Civil, Real Estate, Human Rights and Soon Bankruptcy. One lesson learned for sure.. I will never sign another document, no getting out of it when it was volunatarily agreed upon right? It was a voluntarily, agreed upon, judicially adopted, bogus, lots of loopholes, agreement but seems I have to live with it anyway.

Was your name on the mortgage as well? Not sure how it can ruin your credit if the mortgage was not also in your name. If it was, both parties are responsible for paying the bill. Without a SSN, creditors cannot insert items onto one's credit report.