Posted on: 14th Jan, 2008 07:23 am
hello,
my father and mother bought a house in florida together 2 years after a divorce (they were living together) the mortgage and title are in both their names. soon after my father left to live with an old flame in las vegas. he has since returned to florida but has not lived in the house for over 7 years and has not made any payment on mortgage. she has made all payments and upkeep of the house. she has asked him sever times to sign a quit claim deed and he refuses. she now wants to sell the house and move to tennessee, but he said she cannot because he still owns 1/2 of the house. is there a way for her to sell the house without his signature and without him receiving any of the proceeds from the sale.
my father and mother bought a house in florida together 2 years after a divorce (they were living together) the mortgage and title are in both their names. soon after my father left to live with an old flame in las vegas. he has since returned to florida but has not lived in the house for over 7 years and has not made any payment on mortgage. she has made all payments and upkeep of the house. she has asked him sever times to sign a quit claim deed and he refuses. she now wants to sell the house and move to tennessee, but he said she cannot because he still owns 1/2 of the house. is there a way for her to sell the house without his signature and without him receiving any of the proceeds from the sale.
sorry hopeless, the answer is "no."
you don't mention if they are simply separated or divorced; this might be a key issue. i would suggest, in order for her to determine her rights and responsibilities, that she contact an attorney.
i feel your (and her) pain; marital difficulties do more than cause stress and strain in personal ways.
you don't mention if they are simply separated or divorced; this might be a key issue. i would suggest, in order for her to determine her rights and responsibilities, that she contact an attorney.
i feel your (and her) pain; marital difficulties do more than cause stress and strain in personal ways.
They were and still are divorced, they were merely living together when property was bought.
that makes it a bit complicated, it would seem...had they been divorced after the purchase, the property situation would probably have been resolved in the settlement.
this is another good reason to seek legal counsel for a remedy.
this is another good reason to seek legal counsel for a remedy.
You can file a lawsuit to "partition" the property. Which means the court may order the sale of the property and a division of the proceeds.
Otherwise, you cannot force the sale of the property in this situation.
Check with a local real estate attorney.
Otherwise, you cannot force the sale of the property in this situation.
Check with a local real estate attorney.
She should be able to sell the home but he would have to agree to do so. She can then pay him his share of the home out of the proceeds. If they cannot agree on this then she needs to take him to court for them to determine what to do with the property. In many cases, they can order the home to be sold without his permission.