Husband wont sell house


#1

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?


#2

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.


#3

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.


#4

The distribution of the home would be made by the court after you file a claim for ED.