Asked by Anonymous
I have a condo with 2 names--myself and ex-husband. But i paid 90% of the downpayment and the mortgage is 100% on my name. The condo is 13 yrs old, ex didnt want to let go of his name after divorce. Now I dont want to continue paying the mortgage with his name still there and wish to sell and already has a keen buyer. My question: what is the last resort option I have if he refuses to cooperate and sign the S&P together with me to discharge the condo to buyer? 2. Can the sale proceed without him, given that I am the sole mortgage holder, woth the insurance and quit rent etc all solely on my name? 3. Anyone familiar with syariah law? Should this be brought up in court, what is my right? During marriage period, he has no asset except for a car and I never asked for harta sepencarian, he never paid anything for me for mutaah, and he does not regularise his obligatory nafkah for my kids. Even with these facts, can he claim for 50% of the house as harta sepencarian? Many thanks.
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