Common law husband and i r in the process of splitting up. We have a house together and were going to put it on the market. Now he's in jail-don't know for how long. How do I go about selling the house? I need his signature
2006-08-15 00:37:46 · 4 answers · asked by Jesse 1 in Politics & Government ➔ Law & Ethics
The closing will have to take place at the jail, or you would need to have a power of attorney signed by him giving you the power to sign his name on the home sell paperwork.
When he signs the power of attorney, he needs to sign in front of a notary public. Since he is incarcerated, you will need to find a notary public to go to the jail with you. It's possible that someone on the jail staff is a notary public, and can notarize the power of attorney for him.
Hopefully he is in agreement about selling the house. If he doesn't agree to sell the house, your only options are to 1) file a lawsuit for partiton, or 2) to let the house go into foreclosure, or 3) to continue to make the payments yourself until he is out of jail or willing to sign. If you have to file a lawsuit for partition, the suit would take years and cost thousands of dollars taken from the house equity.
Also, you probably know this, but if you are common law spouses and are splitting up, you will have to get a divorce. You can't just split up. Like I said, you probably already know this, but I thought I would mention it just in case. Are you sure you are considered common-law spouses under the law? There are only a few states that recognize common law spouses.
2006-08-15 03:06:57 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Just go to the judge and get a legal exempt of personal neglagence and you will be able to do it with out his signature but you half to tell hin what your plans are with the house. But if the agreement between you two was to split the money you would still half to do that.
2006-08-15 00:50:56 · answer #2 · answered by dustin b 2 · 0⤊ 0⤋
Get a special power of attorney or just take the papers to the jail for him to sign or send them via his attorney. At least you know where to find him.
2006-08-15 00:44:48 · answer #3 · answered by rumplesnitz 5 · 0⤊ 0⤋
Doesn't the jail have visiting days? Get the paperwork ready and take it to him to sign.
2006-08-15 00:45:08 · answer #4 · answered by chrbarley 3 · 0⤊ 0⤋