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Split Share of Property After Not Paying Mortgage



My ex-husband and I bought a property in 2006, with both of our names on the deeds. He was the sole person making the mortgage payments, but we each contributed $20,000 towards the down payment. In 2008, we refinanced the mortgage and received $40,000 each.

Current Situation

Recently, my ex-husband defaulted on the homeowners association fees, and they contacted me to start paying. This has raised questions about what would happen if we were to sell the property.

Legal Entitlement

Despite not paying the mortgage, you are still legally entitled to half the share of the property. The fact that you did not contribute financially does not impact your ownership rights as per the law. If your name is on the deed, you own a 50% stake in the property.

Potential Options

There are several options for handling this situation:

  1. Buyout: Your ex-husband can choose to buy out your share of the property if he wishes to maintain full ownership.

  2. Buyout by You: Alternatively, you have the option to buy out his half if you prefer to have sole ownership of the property.

  3. Quitclaim Deed: If both parties agree amicably, a quitclaim deed can be used to remove either spouse from the title, converting joint ownership into sole ownership.

  4. Partition Action: If you do not want to continue paying the HOA fees and cannot reach an agreement, you have the option to file a partition action with the court. This would force a sale of the property.


In summary, even if you have not contributed to the mortgage payments, you are still entitled to a split share of the property. You have various options available to you depending on your preferences and circumstances. It is advisable to consult with a legal professional to guide you through the process.

Unexpected Financial Consequences

The Importance of a Prenuptial Agreement

It is essential to learn from the experiences of others and understand the significance of a prenuptial agreement. At the very least, it is crucial to ensure that all loose ends are addressed during the divorce proceedings.

A prenuptial agreement is a written contract between a couple that outlines asset ownership within the marriage or civil union. This agreement specifically addresses the division of assets in the event of a divorce. Assets encompass various possessions, including cars, real estate, investment accounts, and retirement funds.

According to Rocket Mortgage, if you have a prenup and subsequently divorce, your assets and properties are divided according to the terms outlined in the agreement. It is worth noting that the prenup typically supersedes state laws on property distribution.

However, it is always recommended to consult with a lawyer to clarify your specific situation.

Seeking Legal Counsel

If the ownership of a particular property, such as this house, was not addressed during your divorce, it will be necessary for your ex-husband to seek legal representation.

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