# Husband wont sell house **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [July 4, 2011, 12:25pm UTC](https://forum.rosen.com/t/husband-wont-sell-house/12587 "2011-07-04T12:25:11Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![kgabard](https://avatars.discourse-cdn.com/v4/letter/k/ad7895/32.png) [@kgabard](https://forum.rosen.com/u/kgabard)\ **Post date:** [July 4, 2011, 12:25pm UTC](https://forum.rosen.com/t/husband-wont-sell-house/12587/1 "2011-07-04T12:25:11Z")
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? ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [July 5, 2011, 2:41pm UTC](https://forum.rosen.com/t/husband-wont-sell-house/12587/2 "2011-07-05T14:41:29Z")
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. ---
**Author:** ![kgabard](https://avatars.discourse-cdn.com/v4/letter/k/ad7895/32.png) [@kgabard](https://forum.rosen.com/u/kgabard)\ **Post date:** [July 8, 2011, 5:26pm UTC](https://forum.rosen.com/t/husband-wont-sell-house/12587/3 "2011-07-08T17:26:15Z")
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. ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [July 8, 2011, 6:20pm UTC](https://forum.rosen.com/t/husband-wont-sell-house/12587/4 "2011-07-08T18:20:12Z")
The distribution of the home would be made by the court after you file a claim for ED.