Ok my friend is divorcing her husband and they own a home together. Out of anger the husband will not agree to sell the home and will not give money towards the mortgage, she cannot afford to pay the mortgage alone. She doesn't want to ruin her credit so she wants to just sell the home without his consent and give him his legal share of the proceeds. Is that possible? They are in Missouri.
2007-01-17 04:28:14 · 15 answers · asked by Mic B 2 in Business & Finance ➔ Renting & Real Estate
NO. End of discussion.
2007-01-17 04:32:46 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Whoever is on the deed must agree to the sale. So, NO she can't sell the house. This should be addressed in their divorce settlement. It will either be awarded to one of them or be split 50/50 and must either be sold with each getting half of the proceeds or one spouse must buy the other out of his or her half. If they are both on the loan, they are both financially responsible. If he refuses to pay his half of the mortgage, when they settle, she may get more than half as she paid in more than half. If the home gets foreclosed on, it will also ruin HIS credit.
Until they get the divorce settled, I suggest she call her mortgage company to see what they can work out. I also suggest she start keeping a journal of all these spiteful actions as it will only work in her defense on judgment day. Get her name off the credit cards NOW!!!
2007-01-17 04:39:05 · answer #2 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
If both of their names are on the mortgage papers...no she can't. I don't know if Missouri has "no fault" divorce, but my ex-husband pulled the same stunt on me (Michigan has no fault) and the judge ended up ORDERING the sale of the home, with proceeds being equally split between us. If Missouri isn't a "no'fault" state, then she better have a damn good lawyer. Tell her that, above all else...DO NOT LEAVE THAT HOUSE because as soon as she does...it's HIS.
2007-01-17 04:41:51 · answer #3 · answered by LolaCorolla 7 · 0⤊ 0⤋
ANYTHING is possible but legally I'd say no. But she should be able to get a court order which WILL order the husband to either agree or force him to sell or give him the opportunity to buy her out. And YES he CAN be forced to do this by law. She needs to talk with a lawyer.
2007-01-17 04:37:45 · answer #4 · answered by GRUMPY 7 · 0⤊ 0⤋
No. any good realtor will tell her that you won't be able to legally sign over the house to the buyer. In addition, how will she pay off the mortgage? If the house is sold she will be forced not only to pay her half but his as well.
She needs to get back with her attorney and they can go back to court to have him abide by the divorce settlement.
2007-01-17 04:37:05 · answer #5 · answered by thunder2sys 7 · 0⤊ 0⤋
No, she cannot sell without his consent. She needs to get a lawyer, rush her butt to court and get a support order and an order forcing him to sell. I wanted to keep my house and my ex tried to smoke me out by withholding money. I took a draw on my credit card to pay for a lawyer, who got me many, many more times the amount of money I spent on hiring him. He also got me an order forcing my ex to comply with my refinance, that is, he was forced to sign the quit claim deed signing the house over to me in exchange for his share of the equity. She needs a lawyer, stat.
2007-01-17 06:38:49 · answer #6 · answered by tiny_dog10 2 · 0⤊ 0⤋
if both of their names are on the mortgage then she will not be able to sell the home but she may be able to go to a judge and order him to help her pay or sell it. she needs to call her mortgage company and let them know the situation so it doesn't affect her credit.
2007-01-17 04:41:27 · answer #7 · answered by somebody's a mom!! 7 · 0⤊ 0⤋
If they hold title jointly then they both have to sign all document related to the sale, she needs to go to court and get an order forcing him to pay his fair share or her credit and his will go down the tubes if she can not keep up with the payments
2007-01-17 04:36:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Nope. But he should know he's ruining his credit as well if his name is on the mortgage!
She needs a lawyer-- they might be able to force his hand.
2007-01-17 04:35:48 · answer #9 · answered by Anonymous · 0⤊ 0⤋
NO. The rule of thumb is: "One to buy...two to sell"! If a couple is married, one person can buy a peice of property, but both would have to sign to sell since they are married!
Tell your friend to seek an attorney's advice. They can make her husband sell if they go to court.
2007-01-17 04:32:54 · answer #10 · answered by <3<3<3 2 · 1⤊ 0⤋
No, she must either get his consent or wait until court and request an order from the judge. She needs to have an attorney if she doesn't already.
2007-01-17 04:39:38 · answer #11 · answered by Amanda D 2 · 0⤊ 0⤋