I was attempting to buy my spouse out of our home. The deed is in both names but mortgage only in mine. We are trying to settle this ourselves but negotiations aren’t going well. I’m living in the home and paying the mortgage myself. If we decided to sell the house can a divorce be granted before the house sells since who knows how long it might take to sell.What would be needed to go this route? Also would I receive more than half of the balance from the sale since her equity has stopped and I’m continuing to pay the mortgage myself.
The home can be sold at anytime, just be sure you have your agreement regarding the sale and division of proceeds outlined in a Separation Agreement prior to filing for divorce. You may negotiate to split the proceeds in any fashion you wish. You should receive a credit for the amount of payments you have made since the date of separation.