Posted on: 18th Aug, 2009 09:08 pm
Hello,
My husband and I are seperated, living in different states. He is still living in our house, but is unwilling to pay any of the bills including the mortgage. The mortgage is in my name alone, but he is on title. Can I sell the house without his permission? Can I have him evicted?
My husband and I are seperated, living in different states. He is still living in our house, but is unwilling to pay any of the bills including the mortgage. The mortgage is in my name alone, but he is on title. Can I sell the house without his permission? Can I have him evicted?
Hi Guest,
As the property is not in your name, you won't be able to sell off the property without your husband's permission. He will have to approve the sale of the property. As far as the loan is concerned, you'll have to pay off the debts as your name is on the mortgage docs. If you do not pay the dues, the lender would foreclose the property and your credit will be ruined.
As the property is not in your name, you won't be able to sell off the property without your husband's permission. He will have to approve the sale of the property. As far as the loan is concerned, you'll have to pay off the debts as your name is on the mortgage docs. If you do not pay the dues, the lender would foreclose the property and your credit will be ruined.
the way i read the scenerio, you are on the loan & title, the husband is on title alone.
technically, since he has ownership in the property, you cannot evict him.
you can put the house up for sale, but if he is living in it, how can you expect it to show? and he would eventually have to sign the release deed at the closing of any sale.
if he is unwilling to pay the mortgage, if you want to keep your credit in good standing, you will have to pay the mortgage.
my advice to you is to get a good lawyer. eventually, one way or another, the husband is going to be out of the house. he might be willing to work out a refinance, taking you off the deed and keeping him on.
technically, since he has ownership in the property, you cannot evict him.
you can put the house up for sale, but if he is living in it, how can you expect it to show? and he would eventually have to sign the release deed at the closing of any sale.
if he is unwilling to pay the mortgage, if you want to keep your credit in good standing, you will have to pay the mortgage.
my advice to you is to get a good lawyer. eventually, one way or another, the husband is going to be out of the house. he might be willing to work out a refinance, taking you off the deed and keeping him on.
but of course, as an owner of this home, husband might just want to retain it. this also necessitates the hiring of a good lawyer, to work out the details. but it's a possible solution, despite the apparent hard feeling that the marriage engendered.
