Legal Question in Real Estate Law in Maine

The issue is not that the house is in his name still, if that were the case the matter would remain between just him and his ex. They could legally partition the property, a Judge could Order a sale and he would be entitled to some portion of the proceeds.

The issue is that he signed a promisssory note and mortgage with a lender. The fact that he split with his ex and moved out does not affect the lender's rights to still hold him to the original note and mortgage, so even if she were willing to take him off the house, so to speak, it does not mean much unless the lender is willing to do that as well. In my experience, the lender is almost never willing to let a co-borrower out. The fact that she has not co-operated with a refinance or sale is not something he can now sue her for not agreeing to do in the past, but if there is equity in the house he could seek a Judicial partition and sale. Since the property is in foreclosure I doubt that would be adviseable.