A quiet title action is not the solution to your problem. The solution is to move forward on your divorce. The divorce agreement will address the disposition of the property, along with all the other marital assets.
In the meantime, you really don’t have an alternative to making the payment…the loan is in your name, and if it isn’t paid, your credit will be damaged.
It’s possible that your attorney could use the fact that your wife stopped making payments as a bargaining tool to extract a reduced payoff for her on the property. But again, the divorce settlement will take into account all of your assets and debts, not just this one.
In my opinion the best solution is to move forward on your divorce as quickly as possible. If you do get an offer the next problem is likely to be how the money is distributed…something that should also be addressed in the divorce agreement.
I am having a problem with my house due to an upcoming divorce. My soon to be ex-wife has moved out of the house and agreed to help me make the mortgage payments until the house is sold. Now she has stopped making her half of the payments and has refused to make contact with me.
I am the only one on the mortgage, but her name is on the deed and title along with mine. She has signed a listing agreement to sell the house, but now I’m afraid if we get an offer on the house, she will refuse to sign the offer, or go to escrow and sign over the closing papers.
Can I file a quiet title lawsuit to have her name removed from the title and deed to the house?
What ramifications could I face in divorce court?
I could refinance the house to pay her off for her fair share of the equity but I cannot refinance if she won’t sign off on the deed.
I am getting killed on house payments, and fixup costs, what do I do?
Posted by LonnieWA on January 27, 2001 at 16:41:07:
AJ,
What part of Washington is your property locaterd?I buy houses in the Tacoma, Spanaway, Puyallup & surround areas. Visit my site at www.webuyhouses.tripod.com or call me at 253-875-8174.