Ex living in home with me on mortgage in Colorado. Can she be forced to refinance or sell to take me off the mortgage?

UPDATED: May 27, 2009

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Ex living in home with me on mortgage in Colorado. Can she be forced to refinance or sell to take me off the mortgage?

Have been divorced 6 months end of june. Did my own divorce without a lawyer big mistake! Now wife is living in house. Can a court order her to sell or refinance so I can get off the mortgage and purchase my own home?

Asked on May 27, 2009 under Family Law, Colorado


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Sometimes, it just isn't worth the savings, skipping the attorney's fees in divorce, especially if you own property.

You are probably going to have to file a suit for partition, which in most states will lead to a forced sale of the house -- unless, of course, the ex meets your price for a buy-out, which she'll have to refinance to get it and pay off the old one your name is on.  I would really recommend hiring an attorney in your area, because reliable advice has to be based on all of the facts.  I don't practice in Colorado, and the law differs from one state to another, and without all the facts, including the divorce judgment you got for yourself and some other things, I can't tell you what's your best option.

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