If my ex was awarded the house, but has to refinance or sell within a year and she isnt trying to do either and my name is still on the deed. can i force her to put it up for sale?

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If my ex was awarded the house, but has to refinance or sell within a year and she isnt trying to do either and my name is still on the deed. can i force her to put it up for sale?

its been six months and she hasn’t listed or tried to refinance. I am still paying part of the mortgage and on the deed still. I also believe she has moved someone else in. What if anything can I do to force her to sell or refinance?

Asked on May 29, 2019 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First, if she has a year to do this as you indicate, but only 6 months has passed, she has not yet done anythging wrong: she is still within the timeframe and is not in breach of the court order or decree. You can't do anything until the year passes without her complying with what the court ordered her to do.
Second, if and when she is in violation, then you can then bring a motion to force her to comply and also seek compensation for any costs or losses her noncompliance cost you (e.g. amounts you paid for the mortgage after the one-year mark). The court can fine her for not acting and until she acts; can award you damages and/or legal fees; and could at that time potentially order the sale of the home. But you can't do anything until the year you indicate is over.


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