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co-own.My name and his is on the deed yet his on the mortgage.Can he? I refuse to sell or to be bought out in today's housing market.My ex husband resides in our home we are both on the title and him on the mortgage.Can a judge rule in my ex husbands favor? Keep in mind our final Divorce agreement states that when our youngest child reaches the age of eighteen years.I was offered a buy out and it was "LAUGHABLE!" To say the least.My ex husband and I signed a final Divorce decree to as the home WILL NOT be sold until our youngest child is eighteen years of age,or if one or the other can BUY OUT the other at fair market value.My ex can not only afford to remain in the home yet,he wants to buy a much larger home.My question is,can a Judge over turn our final Divorce decree?
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A judge can decide anything. My assumption is that you do not want to sell or have your husband "buy out" your portion of the home is because you will not make any money on it. If a judge told your husband to "buy you out", you'd walk away with nothing. But your ex would have nothing either. Basically, you want your ex to pay you what the house USED to be worth. Well, don't we all.You have to realize that it could take years and years before the housing market changes and it is highly unlikely that a judge will "force" your husband to remain in a home he cannot afford/does not want. Probably the only way you could convince your ex to wait to sell and to "regain" any equity in your home is to continue to pay half of the mortgage until the housing market changes. Again, this could be years and years away.
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