Legal Question in Real Estate Law in Montana

eviction

I have a house deeded in my name with the mtg. loan also in my name. As

the result of a divorce my ex-wife was allowed to stay in the house but was

required to make the payments. The loan has gone into foreclosure 4 times

but she has been able to forestall the sale of the house, sometimes in the last

hour. This is having a very detrimental effect on my credit rating and I am

once again receiving calls from the bank daily as she is 4 months behind once

again and they are ready to foreclose. What are my options in this matter?

Can I sell the home and evict her? Can I have her evicted first and then

market the home? Am I just stuck until they finally foreclose and sell the

house? Help!!!


Asked on 7/02/04, 11:57 am

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: eviction

What you are going to have to do is amend your divorce decree to allow you to sell the home. Your rights in selling the home is governed by the property distribution in your divorce. As evidence, you can show that your credit rating is being affected and also show that she has not been able to make the payments.

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Answered on 7/02/04, 1:52 pm


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