I have been separated for 5 months with my house on the market. I left NC and moved because he was cruel, drunk and cheating on me. I have had offers on the house buthe won’t agree to sell. the mortgage is in my name but since bought after we got married I need his permission to sell. I have been trying to get approved for short sale but he wont even sign the IRS release form required by the mortgage company so I can’t do that. The house is in pre-foreclosure adn I am trying to prevent a forecosure but he wants it to foreclose. I have been trying to be fair with him but he is so hateful because he is broke. Which is not my fault, he never kept a job and he left me so I don’t know what to do. If I get divorce from bed and board, can I sell the house without his permission?
No, divorce from bed and board does not affect your property rights in this context. I suggest you file an action for Equitable Distribution and seek and order distributing the house to you so you may sell the same.
If I do that and short sale the house or the house does foreclose, will he still be responsible for half? I am trying to short sale it but he’s blocking that if not it will foreclose. either way I am just trying to minimize the damage for both of us. Short sale is easiest option but without him, I can’t do anything. I don’t want the risk of taking on the whole house and then having it not sell and foreclose.
The distribution of the home would be made by the court after you file a claim for ED.