Legal Question in Family Law in Colorado
Property rights in a divorce
My ex husband and I purchased a home together in 2005. We divorced a short time later and I moved out. It was stated in our divorce decree that he was to re-finance after the pre-payment penalty was over and remove my name from the lien. It also stated should he get behind on payments or fail to re-finance I could step in and sell the home. He failed to re-finance and is behind on the payments. It's affecting my credit. What rights do I have if any to remove him from the home and sell it or sell it while he is still living there?
1 Answer from Attorneys
Re: Property rights in a divorce
You need to consult a family law attorney before taking any direct action on this. It sounds like your Orders give you the right to proceed with selling the home. However, you want to have the advice of counsel every step of the process.