We are currently separated and very close to being eligible for divorce. She lived in the home for 7 months without paying a mortgage payment. I was ordered by a protective order to not go to the home. She is not on the mortgage, just the deed to the home. After she moved out, I did a loan Modification, which did not require anything from her, as she is not on the loan. The house was supposed to be sold by the bank months ago, but since I saved the home, she is now wanting payment from me to remove her name from the deed. There is no equity in the home, there is a defaulted second mortgage on the home as well. Can I sue her to have her name taken off of the deed?
Contracts / Agreements Lawyer
If you acquired the house during the course of your marriage then the home is marital property and she has an interest in it. On those facts, you can't sue her to take her name off. You say you are almost eligible for a divorce. Just wait until the divorce is final and the judge will take care of the house through equitable distribution. You should hire a family law attorney to represent you in the divorce to protect your interests.
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Divorce / Separation Lawyer
This should be dealt with in the context of the divorce. In a situation of $0 equity and her name not on the the Deed of Trust (the mortgage), I would hope she would agree to do a deed of gift over to you. However, many time people are not so pleasant. So the Court will order the house to be sold which in your case in this market will likely create a loss. So you both will have to pay 1/2 half of the deficiency. You definitely need to consult with a divorce attorney in your area.
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