My friend is married with two kids to a guy who owned the house before they were married. They have not been married for 7 years and the mortgage does not have her name on it. Can he sell the house without her agreement?
2007-01-06 06:41:09 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you are in the UK, then the house is in his name, but when selling the property she must give consent to waive her occupational rights in the contract, since no solicitor will allow a sale via exchange of contracts without getting non owners such as occupier into the contract. So indirectly she has to agree and therefore could make or break the deal.
2007-01-09 13:13:10 · answer #1 · answered by logicalawyer 3 · 0⤊ 0⤋
Colorado is under Spanish real estate Law like most western states, Other states east of the Missouri use English real estate laws. The difference is in the type of tenancy Tenant in Common(Spanish) verses Joint Tenancy(English). Here in Colorado my neighbor had her daughter put on the title of the house just before she died. Her husband was a joint owner and went to probate court after she died and had it overturned. In Colorado your name must be on the title for a minimum of 3 years in order to be considered an owner. Which means you have paid taxes and have had maintenance and other expenses associated with the property even if you are not on the title you still have ownership if you're married and the time you're married is split 50/50. So, whatever the house was worth before and after marriage is subtracted the spouse is awarded half of what the house is worth after that or the worth only during time of marriage. Other things apply like if one wasn't an occupant or the other didn't pay rent while separated or make house payments or upkeep. This is fair. Even though it was a gift from her mother it didn't hold up in court. Check your local laws or contact an attorney for a free consultation to be sure.
2007-01-06 15:15:24 · answer #2 · answered by FreeWilly 4 · 0⤊ 0⤋
In a lot of State's it doesn't matter. If you are married the house is joint property. The lender's typically make the spouse sign off for fear that there will be a cloud on the title. Basically this means someone else might have a claim on the property thus making the sale void. I'd check the laws in your State or even ask a lender or real estate agent they'd be able to help you.
2007-01-06 14:46:32 · answer #3 · answered by cali_23_05 2 · 0⤊ 0⤋
I don't understand the question. If the State has community property Laws and he owned the house for 7 years prior to them getting married, then no he cannot without giving you your share of the house for the time they were married.
If they have been divorced for 7 years, then he may possibly sell the house without giving her anything.
You need to line your facts up better.
2007-01-06 14:54:12 · answer #4 · answered by gyro-nut64 3 · 0⤊ 0⤋
She needs to talk to a lawyer. I do know that if he bought the house before marriage in most states it is not community porperty. Howver is she can prove that she paid any monies into the mortgage then he would have to pay her back. I do believe though that he can sell. Have her get a lawyer now and see if the lawyer can stop the sell. She may have to buy him out of his portion of the house in order to keep it.
2007-01-06 14:48:44 · answer #5 · answered by ? 2 · 0⤊ 0⤋
What matters is the owner of the house, not the owner of the debt. It sounds like the house is in his name only but as his wife, she should have made a claim at the time of her divorce from him. If the divorce was 'clean break' then I don't think she has a claim. If not, then the rules for disposal of the house would have been written into the settlement agreement.
2007-01-06 14:47:43 · answer #6 · answered by goulash 2 · 0⤊ 0⤋
She can fight for the legal right of it as long as the 2 kids are his, stating it is there family home. Also even if she has,nt work then she has rights because she managed the home int ext while husband was not there. She has rights legally to house as all is jointly owned now unless there was a pre nup
2007-01-06 18:33:40 · answer #7 · answered by lunastar 2 · 0⤊ 0⤋
Yes, being it was pre-marriage and her name was not put on the mortgage, she is not entitled to any profit from the sale of the home. By the same token, if he paid the mortgage, the home is his. Even if she helped pay it can be construed as rent to live in the home, therefore, she again, would not be entitled to any profit.
2007-01-06 14:49:06 · answer #8 · answered by madisonian51 4 · 1⤊ 1⤋
depends on who is on the title.
title shows ownership of the house. mortgage shows whos responsible to pay monthly.
2007-01-06 14:46:32 · answer #9 · answered by chatxleau 2 · 0⤊ 0⤋
Try the site below for research. Make sure to change the location. Hope this helps.
2007-01-06 14:45:39 · answer #10 · answered by citronge69 4 · 0⤊ 0⤋