Force sale of property


#1

Over two years ago, the uncontested divorce was final. During the mediation proceedings, properties were divided and heavy alimony was levied in his favor because my income is significantly higher. I have paid over 90000 in alimony, and given him the deed to a second home (for 80k of alimony reduction), and still have 90k to pay over the next three years. He received far more than I during the settlement (two waterfront properties, home mortgage ownership for a property, 20k furniture, 50k possessions, 30k gift, 15k line of credit and his taxes, his 180k pension (I have none), his vehicle (I received mine), and one of my insurance policies). He now has ownership of three properties, two of which have my name on the mortgage. I am trying to get a VA loan to get a home for myself when I return from overseas service and am having difficulty because they are counting both mortgages as well as the alimony (and, in fact, the alimony goes straight to one of the mortgages as he requested). During the mediation, he was verbally instructed to take formal measures, in a reasonable amount of time (two years), to get me off his mortgage, either through sell or re-finance. He now refuses to do either and since it is not in writing (only the “assumption” of responsibility to pay the mortgage), then he will not take measures to remove me from the mortgage. He has wealthy relatives who could sign for him (Williams Brother’s/Blue Circle in Atlanta), but he will not act at all. He said that he will do so only if I pay for it. I will not get into details of the divorce, but to say that it was inequitable distribution in the first place, but I was instructed to “take the deal” by my lawyer because Florida is a “no fault state” and it matters not how verbally abusive one may be, unless there is physical harm, this will have no bearing. I stood to lose more than the nearly 700k that I did. I have spoken to my attorney in Florida and he encouraged me to investigate N Carolina law and obtain counsel here, because that is where the properties are and that is where my former spouse lives. My question is this, can I force him to initiate measures to remove me from the mortgage (which, there is a legal assumption that he is responsible for)? Can I force him to sell, re-finance or short sell the house? Thank you so much for your kind assistance.


#2

I’m no advisor of any sort, just a regular on the forum for help.

I’m going through a similar situation with mortgages/refi stuff.
I have been advised that I can sue for contempt. This could make ex apply for refinancing, but if he is refused there is no recourse.
The ex has tons of money, so much that the mortgage was actually never necessary. He was planning to leave me at the time too…
I just didn’t know it then.
It’s a 60 yr mortgage on top of everything, with a high interest rate! I feel he keeps it just to have that dagger to stab me with
in his final attempt to devastate me, though he is the one that left for another woman. Makes no sense to the sensible,
but wicked people enjoy doing wicked things.
I will have to take him to court. If his refinancing is refused, then I will have to take him back to court and a judge will decide
the course based on his financial statement.
I feel you could also sue for contempt since he was ordered to refinance or it stated for him to attempt to get you off the mortgage.
I certainly hope this helps you.
Best of luck and may God bless you in your trials.