Legal Question in Real Estate Law in Kansas
After divorce property problems (equal tenants in common)
My divorce decree awarded property to the parties as equal tenants in common, with conditions that my x was entitled to sole and exclusive use and possession, until she buys the property from me, I pay her a divided share or the house is sold. I learned that she moved to another state and is renting out the house. 2 months ago I wrote that the mortgage has been increased, yet she has not increased her payment ($8). The divorce decree states that if she is more than 45 days late (any part of the payment), the house can be sold. What is the best way to make this happen or take possession and what options do I have?
1 Answer from Attorneys
Re: After divorce property problems (equal tenants in common)
If I were you I would hire an attorney to file a partition action to get the court to order the house sold and split the proceeds between you both. Any other options would be dependent upon the language contained in the divorce decree. If I can be of assistance, feel free to contact me. Good luck.
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