Thursday, August 11, 2011
If I didn't sign a quitclaim deed and my name's on the mortgage, can I take my house back?
I bought a house in Phoenix, AZ in '06 with my now ex-husband using my VA loan. He is listed as a co-signer in the paperwork. When we divorced, he insisted on staying in the house, and I didn't put up a fight because at the time he was making more money than I was, and I just wanted out of there because I couldn't stand to live with him. I never signed a quitclaim deed or refinanced or anything (refinance is out of the question for either of us) but I did specify in the divorce papers that, along with a car and the furniture, the house was his. Now the tables have turned financially: He is unemployed and about two months away from not being able to make a payment, and I am making more than enough to take over the payments. Do I legally have the right to take over the house and force him to move out? If so, does that change if he later is able to make payments again?
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