STBX 'squatting' in marital residence


#1

I left stbx at the end of October, and moved to FL with our son. Stbx is still in the marital residence, but is not paying the mortgage. Both of our names are on the deed, but MY name is solely on the 1st mortgage. Both names are on the 2nd mortgage. I cannot afford to pay the mortgage (had to leave my job when we left), and he has not been paying it. I know the house is heading for foreclosure, and would like to attempt a short sale or a deed in lieu of foreclosure.

Do I Need him to agree and sign for either of those things, since he’s on the deed and 2nd mortgage? If I do need his cooperation, and he refuses, is there anything that can be done to compel him to pay the mortgage if he wants to stay in the home? He is essentially RUINING my credit…

I do not want the home for me and my son…I just want it out of my name…and his credit/income would not qualify him to take over the mortgage.

Thanks


#2

Yes, your spouse is co-owner of the home and must cooperate in any transfer of the home.

You may file an action for equitable distribution and seek an interim allocation of debt in an effort to have the court order him to pay the mortgage.