Joint Mortgage With No Agreement to Sell

[glits]

My question involves a relationship in the state of: Tennessee

Couple bought house together 6 years ago, both on mortgage.

Male: self employed, listed first on mortgage and deed
Female: underemployed (not financially stable), also on mortgage and deed

For the length of the relationship, he paid mortgage and "supported" her and her children and his child (from separate relationship) (she received child support which helped with bills)
Bought house from her family after 1 year together (her and children raised in house)
Break up (2 years ago)
He moves out with his child to let her and kids stay in house they have always known.
She is responsible for bills and mortgage per verbal agreement.
She is delinquent repeatedly on mortgage (3-4 times in 1 year, now 2 months delinquent on mortgage)
She has damaged property through neglect and lowered property value significantly.

He is in new relationship, on deed to new house (not on a mortgage) expecting child.

Possible scenarios:
He can probably qualify for refinance on own and take ownership outright (there is a thought that if put on the market the house will not sell for what is owed on it) Then he would sell, rent or decide what to do- she is not cooperative.
She cannot financially buy him out or refinance (he is willing to sign over house and give all financial obligation to her and accept no gain or loss)
Sell the house for a loss

Is there any risk to new property he is not on mortgage for?
How can he proceed?
Will bankruptcy be able to be avoided?

[flyingron]

The order the names are listed means squat.
As far as the deed goes and the mortgage they are equal owners and have equal responsibility.

He can't refi or sell the house (even if he could qualify) if the coowner won't go along with it. No bank will finance a property unless all owners agree. A bank is generally disinclined from refinancing the house if there is more owed than than what it's worth.

He can file for a partition suit to force the sale but that is involved and will take time.

Her not paying the mortgage is already trashing his credit. A foreclosure will harm it more.
If the property doesn't sell for what is owed, the lender can pursue either or both parties for a deficiency judgement. Any property he owns (whether he is ont he mortgage or not) can be liened to satisfy that judgement.

He should obtain a lawyer. The best bet would be the ex agrees to either allow the house to be sold (if he's willing to contribute the deficiency or can convince the bank to accept a short sale) or sign the property over to him in exchange for being released from the liability (how this could happen is hard for me to see if the property is upside down). Otherwise, he can continue to pay the loan AS HE PROMISED THE BANK. The bank cares not that he ran out of the relationship.