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Both Names on Deed and One Name on Mortgage

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  • 04-05-2007, 10:18 AM
    NCDivorcee
    Both Names on Deed and One Name on Mortgage
    My name is the only name on the mortagage but both names are on the deed. There was no settlement on the real estate during the divorce. My ex does not agree to sell the home. However, I can not afford to continue to pay for it. In North Carolina, what steps should I take to force the sale of the home? Can I do this without a lawyer? If so, what forms do I need to start the process?

    Thanks,
    NC Divorcee
  • 04-05-2007, 10:48 AM
    seniorjudge
    Re: Both Names on Deed and One Name on Mortgage
    Q: In North Carolina, what steps should I take to force the sale of the home?

    A: Either modify the judgment in the first lawsuit or start a second lawsuit for partition (which will take two years and $20K if it is quick and cheap).



    Q: Can I do this without a lawyer?

    A: No.




    How did you borrow money without the other owner signing the promissory note and mortgage?
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