Profile picture for kzurich

selling without the co owners signature

my friend's husband left her and the country with his where abouts unknown ; now she is stuck with a hugh mortgage,  is there anyway she can sell her house without his signature. they hold title as joint tenants

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June 01 2008 - US
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she will need legal advice on this issue. My gut feeling is, NO, as a joint tenant can normally only sell their portion of a property. She will need to file and get a divorce, in the divorce proceedings she can have the issue of ownership of the property settled. This may take a considerable amount of time with a missing spouse, but will probably be necessary.

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June 01 2008

Kzurich,

he short answer is no.

the property can not be sold or deeded to another without all signatures on ownership.

Even if your friend were granted a divorce, that would not affect her being able to convey the property to herself individually, or to another.

If the spouse were missing for the time necessary to declare the missing person as deceased, she could probably convey the property with the proper documentation.

This is in no way legal advice!

Your friend should definitely seek advice of a local REAL ESTATE attorney.

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June 01 2008

It is possible that the court orders a deed in the divorce, and has someone sign in place of the absent spouse. This will take lots and lots and lots of time...

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June 01 2008

She's a joint tenant... at least in Virginia, that means she could sell her SHARE.  I doubt that's very helpful, but perhaps.  If her issue is the mortgage payment then maybe she has a relative or someone that can step in, and "invest" into the home in exchange for a portion of the ownership interest.   Any chance of that?

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June 01 2008

No,Nope & No

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June 01 2008
Profile picture for aapostrophe
yes, vicky- probably a lot of the bargain hunters out there will swarm to place multiple offers for someone's half of a house. they can draw a line in painter's tape to mark off missing hub's half!
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June 01 2008

His signature is needed unless the divorce decree states otherwise. Consult a lawyer

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June 02 2008
Profile picture for BtrL8ThnNvr

What an a-hole.   Poor girl, I know a girl who had her husband do her the same way, only he took the kids and left too, after he'd cleaned out the bank account.

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June 02 2008
Profile picture for rockinblu

Clean up some homeless guy and have him pose as her husband. Pay him a hundrded bucks or so. Let him vanish into the streets again. Maybe leave the country. Two can play the same game. :)

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June 02 2008

lol rockin

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June 02 2008
Profile picture for MarkM7373

I love rockinblu's answer.

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June 03 2008
Profile picture for jacek.prymus

yes, rockinblu rocks :)

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June 04 2008

Your friend needs to consult a good divorce lawyer.  She may be able to file for divorce on the grounds of desertion and request an emergency order from the judge allowing her to at least list the property and seek offers while the matter works its way through the system.  There is a good argument that time is of the essence concerning the sale of real estate given market conditions.

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June 04 2008
 
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