I recently settled my case in mediation. I signed a quit claim deed for the marital home. The mortgage is solely in my name. The house is to be put on the market by Jan 1st. If the house does not sell within a reasonable amount of time, does my ex have to forfeit the house back or assume the loan? My concern is that two of my three kids will be 18 within two years. She will not be able to afford the mortgage with reduced child support.
It depends on what your settlement agreement says. If you negotiated for terms forcing your spouse to forfeit the house or assume the loan she will have to. If not, the house will remain on the market until sale.