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The person's whose name is on the mortgage and who pays said mortgage is irrelevant. The issue of ownership is decided by how the property deed is titled. The partitioning of marital property can be very complicated if the issue was not resolved in the dissolution terms of the divorce, or the state default laws do not apply The only recourse might be filing a motion in the appropriate court for a partitioning of the property. It would be advisable for the party involved to obtain legal advice on the laws of the state in which the property is located before taking any action. Most attorneys offer a free or minimal fee consultation. Free attorney referral services are offered on the American Bar Association's website http://www.abanet.org

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Q: If your ex-husband lost his job and moved and you can't find him can you sell the house without his consent if both your names are on the deed but only your name is on the mortgage and only you pay?
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