I am about to refinance my house into my name only (closing is scheduled in 2 weeks). My ex-spouse has provided the quit claim deed to the mortgage company. However, he still lives in the upstairs apartment and has not yet signed the exit contract that makes it clear that he needs to start paying rent or move out on the date of the closing. I fear that this will result in an expensive, drawn out eviction process during which time I will have to cover 100% of the mortgage. I cant afford this and I already have renters interested in taking over the upstairs apartment. Is there anything I can do in advance of the closing - such as filing unlawful detainer papers - in order to pre-empt this situation? Or, should I not close on a new mortgage and risk not being able to close at all.Our divorce decree awards us the property equally (50 / 50). He has agreed to give me ownership of the house given that it is 'under water' and has stated he wants to move out. He signed and delivered a copy of the title/ quit claim deed paperwork to the refinancing bank in order to make it possible for me to schedule closing at the end of the month. (That quit claim deed has not been recorded at the city clerk's office yet - the original will be delivered by his lawyer at closing.) However, he will not sign an exit contract/ rental agreement with me that will define the monthly payment for the upstairs apartment after I close (ie, after he is no longer responsible for paying half the mortgage). I'm certain therefore that he plans to live up there for free, for as long as it takes for me to evict him.
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