I have court-ordered control of property held in joint-tenancy by my ex husband and me. The divorce was bifurcated 7 years ago, and still he has not agreed to a property settlement. It's necessary to sell the property, but he wants more money than its worth. I want to sell half of the property to potential tenants in common, with us holding the other half, 1/4 apiece. Can this be done? Do lenders allow a mortgage to be taken out for a tenants-in-common situation such as my buyers propose?
1 Answer from Attorneys
7 years is too long to wait for a settlement. You should have set the matter for trial years ago. Nothing gets the parties moving towards settlement like the fact that a trial is on calendar.