agree to sell the house. They are in the middle of a divorce and rather than sell the house and split the cash 50/50 as required here in the state of Florida, the husband is forcing the house into foreclosure. Is the wife able to do something to force the sale of the house? Are there any laws that she can call on to force him? She is the co-borrower on the Mortgage.
2006-07-21 13:18:49 · 9 answers · asked by happybujok 3 in Business & Finance ➔ Renting & Real Estate
Just to keep things straight, this scenario is not about me or my relationship with my husand, I have a friend who is in a jam and I am seeking your help to find some legal options.
2006-07-21 13:23:33 · update #1
Sorry to hear about this situation. Here are three possible solutions:
1. Complete the divorce and the judge can force the sale
2. File for bankruptcy to stop the forclosure and complete the divorce.
3. Find out what the husband wants and offer that in exchange for signing a quit claim deed.
I recommend #3 first. For your information a quit claim deed releases the husband's ownership rights so that the only owner is the wife. Talk to your attorney about drawing up the deed.
Good luck
2006-07-21 15:48:33 · answer #1 · answered by Superman P 2 · 0⤊ 1⤋
Unless he is making the payments, her only options are to pay the mortgage herself, let the house foreclose and ruin her credit, or file for partition. Filing for partition means that she would file a lawsuit asking the court to order the house sold and the equity divided. The problem with this is that it would cost thousands of dollars and take months or years to complete.
She should have her attorney take the issue in front of the judge for the divorce. Perhaps the court would give her the house in the divorce, and would require him to sign off on the deed once she buys out his half of the equity.
Many times, in situations like this, the person involved ends up filing for bankruptcy if they can't afford to make the payments on their own or buy out the ex-spouse.
2006-07-22 10:21:53 · answer #2 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
sounds like a lawyer is needed. I believe in certain states (community property states) that one spouse can sell the property without getting the other's consent. This is easier said than done however. I mean, if the guy is being a jerk to start off with, how is he going to allow people to come look at the house to buy, etc.?
2006-07-21 13:22:18 · answer #3 · answered by aka Astra 2 · 0⤊ 0⤋
If part of the divorce decree was to sell the house and split the cash, then take the person back to court and enforce the decree. Contact your lawyer and get this taken care of before you lose the house.
If the divorce isn't final, then get it done. Hire an attorney and push them to get this done fast.
2006-07-21 13:22:37 · answer #4 · answered by TMH 4 · 0⤊ 0⤋
Get the husband to sign a sheet of paper saying something that he'd be willing to sign. Place a carbon sheet behind the paper but on top of the sheet consenting to sale. Use the signed consent to sell the house :P
2006-07-21 17:15:33 · answer #5 · answered by James N 2 · 0⤊ 0⤋
Have her get a lawyer, this is one times you need to spend money to save yourself. I must admit, I admire her husband.
Regards
2006-07-21 13:28:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋
take him to small claims court, or talk to an attorney
2006-07-21 13:51:46 · answer #7 · answered by lizette 2 · 0⤊ 0⤋
Maybe you should have just worked out YOUR marriage
2006-07-21 13:21:23 · answer #8 · answered by yoohoosusie 5 · 0⤊ 0⤋
http://www.lendermark.com/tips_for_keeping_your_home_in_a_divorce.htm
2006-07-22 08:07:11 · answer #9 · answered by lendermark1 2 · 0⤊ 0⤋