Legal Question in Family Law in Kansas
My divorce was final a year ago. I agreed to continue to pay half the mortgage on joint owned home until it sold. It is still on the market. My ex has moved his girlfriend and her family into the house. He still thinks I should continue to cover half the mortgage. Do I have legal recourse? I have advised him that I will gladly sign over my ownership in the house, he can have it free and clear. He will not agree to this.
1 Answer from Attorneys
You can make the property productive. Your hsuband shoudl pay you half the fair market rent that his girlfried woudl owe if she were renting the hosue form teh both of you. You can also go back to the divorce court and Order that the hous ebe sold at auction to the highest bidder. Even if your husband were to accpet your dee dfo yrou half interes, it woudl not affect teh lender's ability to come after you for the entire mortgage if he defaults. If the judge will not require teh auction, he might (as a fall back positon) order yrou husband to refinace the proprety, or move out so that you two can rent it out. Either of these options shoudl get your ex-husband moving to get it resolved.
Good luck.
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