Unmarried couple owns home together

[jlebreton]

My ex wife and I own a home together, we have split up( i moved out ) but she continues to live there, I am paying mortgage, It's in my name, not hers, due to poor credit. There is virtually 0.00 in equity in house. I want the house, she is not eligible for a mortgage. She refuses to leave. Both of our names are on the title, but mortgage is in my name only. How can I get her to sign a quit claim deed? Will a judge rule in my favor? How do I proceed? can i do this a the courthouse without an attorney? If not how complicated will this be?
btw ... we bought the house after our divorce( i know...dumb)

 

[army judge]

My ex wife and I own a home together, we have split up( i moved out ) but she continues to live there, I am paying mortgage, It's in my name, not hers, due to poor credit. There is virtually 0.00 in equity in house. I want the house, she is not eligible for a mortgage. She refuses to leave. Both of our names are on the title, but mortgage is in my name only. How can I get her to sign a quit claim deed? Will a judge rule in my favor? How do I proceed? can i do this a the courthouse without an attorney? If not how complicated will this be?
btw ... we bought the house after our divorce( i know...dumb)

You can't make her leave.
You can ask her to leave.
You can cajole her into leaving.
You can even incent her departure. Some people offer others money to leave.
Whatever you do, it must be in writing. That may not even protect you.

You can try to evict her.
I doubt that will work, because she is a legal owner.
Only a court can order her to be evicted.

You might be better off GIFTING the deadbeat the house.
Take your name off the deed and the mortgage. (The mortgage holder might fight you on this part.)
STOP making payments and let the bank deal with the deadbeat!

Doing this without an attorney is risky.
No DECENT attorney would ever have advised you to enter into this arrangement.
Do you pull your own teeth, treat your own infections?
Hire a lawyer and get cracking on this.

You are hemorrhaging money every month.
You've moved out, so you're paying for TWO homes, and living in only one.

Your best bet is to buy her out.
It'll cost you some money, sure.
But, every stupid thing we do has a cost we must bear.
You could offer her $3,000 cash money for her to sign her rights to the home back to you.
She'll jump at the offer.
If she doesn't, you might be better served to stop paying and let the bank take the house.
Tell her that, if she wants to debate you.
That might make her change her mind.

 

[jlebreton]

Thank you for blunt(well deserved) advice, I know this was a very stupid thing to do, she is extremely stubborn, says she wont leave. In your opinion...do you think a good attorney and judge will help me with this matter, I really want to keep this house. will a judge rule in my favor, I would like to have a some hope before i pay a couple thousand dollars to an attorney. Thanks for your help

 

[army judge]

Thank you for blunt(well deserved) advice, I know this was a very stupid thing to do, she is extremely stubborn, says she wont leave. In your opinion...do you think a good attorney and judge will help me with this matter, I really want to keep this house. will a judge rule in my favor, I would like to have a some hope before i pay a couple thousand dollars to an attorney. Thanks for your help

What most judges do when people disagree about owning a home, is force the home to be sold.

You can always find a nice home.

Peace in a person's life is much harder to find.

Why worry about a lousey home?

Sell the damn house (for whatever you can get), give the deadbeat her share, and live in peace.

Is this house worth so much to have to deal with a deadbeat like her?

Let it go, you're smarter than this.

Cut your losses, she's not worth the effort.