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I brought my house about 12 years ago. I added my husband to the mortgage and the deed about a year later. He ran off with another women about a year after that. I have been searching for him since 1999, and can't seem to locate him. The closest I have come to finding him was learning that two years ago he was in jail in Indiana. (he also has several warrents out for him here in PA.). I have struggled to keep the house on my own, and now would like to sell. My mortgage is with Countrywide and so far they can't or won't do anything to help me. Is there a way for me to sell the house without his signature?
I brought my house about 12 years ago. I added my husband to the mortgage and the deed about a year later. He ran off with another women about a year after that. I have been searching for him since 1999, and can't seem to locate him. The closest I have come to finding him was learning that two years ago he was in jail in Indiana. (he also has several warrents out for him here in PA.). I have struggled to keep the house on my own, and now would like to sell. My mortgage is with Countrywide and so far they can't or won't do anything to help me. Is there a way for me to sell the house without his signature?
I don't know a solution, but really feel for you. I don't think I'll ever commingle finances again. You're basically being held a hostage... Sounds like you haven't gotten a divorce, either.
Hope there is some way around this. Good luck!
It probably will depend on the state you live in (whether it's a community property state or not). Found something for you:
Consider a couple with a home the wife bought before the marriage. If the wife continued to make mortgage payments with her separate property money, the home might still be her sole separate property. If she added the husband's name to the deed, she made a "presumptive gift" of the house, and it is now community property. If the mortgage was paid with joint property (such as both salaries), the home is, or at least the proceeds of the sale are, partially community property and partially separate property.
Technically, a court might hold that the property is the wife's separate property but the husband may be entitled to a reimbursement of amounts paid toward the mortgage and maintenance of the home. In this case, it is critical for the parties and probably the broker to have a discussion with the parties' attorneys. A financial expert, such as a CPA, certified divorce planner, or a certified financial planner may also be valuable in helping them sort out their financial situation.
Tracy B. Stewart CPA, CFP® - Texas Certified Divorce and Financial Planning (http://www.texasdivorcecpa.com/divorce/real_estate.htm - broken link)
TX is a community property state.
Here's something from Minnesota - an "equitable distribution" state.
Thanks for the information. Your right, I haven't gotten my divorce, yet. I am working on that. The problem with attorneys is that they cost a lot of money. lol I have made all of the payments with my own money, and it was my money that brought the house to begin with. Maybe I can find an attorney that will do the work, and wait for payment til the sale of the house. Has anyone ever heard of that happening? Thanks everyone for your posts and suggestions. Lisa
yep if you get a divorce attorney they maybe able to file the papers...and he wont be able to contest what you want...that's if he stays in jail.
I'm sure a divorce attorney will be able to go over all your options
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