Divorced, ex has not paid mortgage, and my name is on it still

[Lovie1960]

What is the name of your state (only U.S. law)? Tennessee
Divorced, both of our names still on Mortgage, but divorce states he is responsible for the house, however if he defaults they can come after me for payment. He has not made a payment in 4 months that I am aware of and was behind to begin with. He is filing bankruptcy. I am in no position to purchase or make the monthly payment at this time. I can rent it, i actually have someone to rent it, but not for the total amount due each month. Do I have any legal right to sell it? or rent it?

 

[LdiJ]

What is the name of your state (only U.S. law)? Tennessee
Divorced, both of our names still on Mortgage, but divorce states he is responsible for the house, however if he defaults they can come after me for payment. He has not made a payment in 4 months that I am aware of and was behind to begin with. He is filing bankruptcy. I am in no position to purchase or make the monthly payment at this time. I can rent it, i actually have someone to rent it, but not for the total amount due each month. Do I have any legal right to sell it? or rent it?

You would have to take it back to court to try to get the court to re-open the property settlement and award the house to you....and then you would have to get him out. Unfortunately that is not a simple proceedure unless he agrees. Since he is filing bankrupcty I suspect he intends to stay in the home without paying the mortgage for as long as he possibly can...and his bankruptcy might even preclude you from being able to do anything in court until its finished. Your best bet would be to get him to agree to something, but even then, its unlikely to save your credit if he is already 4 months behind.

 

[Lovie1960]

He no longer lives in the house.. hasn't since March. I asked him if I could find someone to rent it or buy it would that be ok, he said fine... when I did, he threatened me with all kinds of legal stuff. He has an attorney who is filing his bankruptcy and told me that they would be contacting me to sign something.. I am not signing anything. I cannot afford the house. Even if I rented it, I would have to come up with the insurance and tax's on it.