Legal Question in Real Estate Law in Minnesota

Re: Divorce and my new home

Although this will sound paternalistic, go see a marriage counselor. Usually divorce is a financial catastrophe. This would apply, by the way, even if you aren't married. As to the legal issue, the problem is that to sell the house you will need a court order, obtained through divorce court if you are married or through a partition action if you are not. The two of you are both stuck with the mortgage on your credit history; not paying it will be very bad for both of you credit histories. The two of you should try to work something out that will be financially sensible for both of you; that may mean doing a deed in lieu of foreclosure to the mortgage company, or what is called a short sale, which is when you get the mortgage company to agree that you will sell the house, and they will take all of the net proceeds, even if it is not enough to cover the mortgage debt.

Re: Divorce and my new home

I am assuming that you took title to the house as tenants in common. If she is not willing to cooperate in selling the house, you can sue for partition of the tenancy in common. A judge would then (assuming she doesn't have any valid defenses) order the house sold, the mortgage note and other debts of the sale paid, and the balance divided between you. Usually, you can get more for a house if she cooperates in the sale. I would need a lot more information before I could discuss bankrutcy with you.