Dividing a house where the mortgage is more than the house

Dividing a house where we owe more on the house than the house is worth. STBX wants me to keep paying for now (she is moved out and been gone for over a year, we have had the house on the market all this time but no nibbles whatsover at a price that would allow us to break even and walk away), and then in 5 years or whenever the house sells, she wants half the proceeds. I think this is the most ridicuous thing I have ever heard. I feel like I should counter with, she owes me 1/2 of the deficit to take the thing off her hands. Why should I make payments for 5 years or however long and then give her half of the proceeds when it sells? I need a strategy, or a way to propose this to her (signing a quit-claim deed I guess) to get this issue over and settled. Any ideas anyone? Any legal grounds for her position (or mine) Divorce is not final and there is no signed sep agreement.



I agree with your position. I would suggest you file suit and seek an order of equitable distribution which orders that home be awarded to you at this time.