Can I foreclose on property I co-own?
When I divorced 13 years ago I moved out and my ex continues to live in our house. The divorce decree says we shall remain tenants in common until we agree to sell the house and mutually agree on a price. It states he is responsible for the mortgage, taxes, insurance, and for maintaining the property in its present condition.
My ex has failed to maintain the home, there is not insurance on the home, he has recently fallen behind on the mortgage, and the taxes are behind almost 3 years.
A divorce attorney told me my only option is to petition the court to force the sale of the house. However, I want the house. I assumed as tenants in common if he didn’t hold up his end of the agreement, I could petition to take ownership. It appears it isn’t that easy.
Do I have the option to place a lien on the property and and foreclose? Or is that not possible because I am a tenant in common and listed on the deed? Do I have any options to reclaim this house?