2006-07-13 14:36:03 · 6 answers · asked by needanswers 1 in Business & Finance ➔ Renting & Real Estate
You have 3 options, assuming that the deed is held as Joint Tenants With Right of Survivorship, the most common way for husband and wife to own a home:
1. Convince him to buy out your share. If there's a mortgage on it in both of your names, he'll need to refinance to get your name off of the mortgage or deed of trust.
2. Convince him to sell and split the proceeds with him.
3. File suit for partition to force a sale and split the proceeds with him.
Please ignore the d00b that said to just try and sell it and let your husband try to block the sale in court. It would never get to that point (court) because both of you would have to sign the deed and no closing agent or attorney would try to get around that as that would be fraud.
2006-07-13 16:32:57 · answer #1 · answered by Bostonian In MO 7 · 4⤊ 0⤋
I definitely agree with the last comment. There is no one buyer that will want to buy a home that does not have the OK from both parties that own the house and there is no one title company, lender, etc, etc that will want to even touch a property that does not have the ok from both parties.
With that said you have the options they told you. Sale, refinance or take him to court to force the sale.
Dont take my message as legal advice as only a lawyer can do that for you.
Good luck
2006-07-14 13:50:19 · answer #2 · answered by SCCRealEstateUNCENSORED.com 3 · 0⤊ 0⤋
You have two options, you can sell the house and split the profits or you can have him refinance and split the equity. He can refinance and have you removed from the burden of having to be responsible of half the mortgage payment. He can refinance with someone else if he wishes or if he doesn't qualify alone. My advice is to have him refinance and pay you half the equity as you can get your money in two to three weeks versus two to three months or however long it takes to sell the home. I hope this helps you and good luck but if you need any help please email me tadgeman@yahoo.com.
2006-07-13 16:27:12 · answer #3 · answered by Dan 3 · 0⤊ 0⤋
I have been there and done that .
Just put the home up for sale and if he don't want to sale it he will have to take you to court to stop you. If he wants half the money he will have to take you to court to get it. This will inforce a divorce to make him sign the papers so get ready. You can sale anything you like and you can get a divorce if you like. He can not stop you from either. If he wants to keep the house he has to pay your asking price.
Good luck it is going to get rough.
2006-07-13 14:43:40 · answer #4 · answered by Don K 5 · 0⤊ 0⤋
you will have to buy him out of the house you can also sell the house jointly and split the money discuss it with him before consulting a lawyer
2006-07-13 14:39:49 · answer #5 · answered by futurehero5200 5 · 0⤊ 0⤋
I think you can only sell it to him...get a good lawyer and get him to swindle you the whole house, then do what you want...good luck
2006-07-13 14:40:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋