Selling House - He wont sign!


#1

There are no loopholes that would let you sign without his signature, you are probably going to need to get an attorney involved who can help you get an emergency order, or try to seek one from the courts on your own.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I saw you other post. Why and what does he need to sign?

You are the only one on the deed right?

You should be able to sell that house without his consent. All you have to do is present the buyers with a clean title.

Now, he may have a marital interest in the equity (the increase in value) during the time you were married. He would be entitled to half of the equity. The day you married he had 0% interest. Over time the house may have increased in value. So half of that increase would be his. If you sale and pocket the money eventually you will have to pay him half the equity. Does that make sense? Even if he is on the mortgage I think you could still sell the house. So understand: half equity dose not mean half the value.

Example:

Appraised value at time of marriage: $100K
Appraised value at time of separation: $130K
Mortgage principal: $75K
Equity: $55K
His share: $27.5k

That $27K can be given to him at any time after the sale.

Unless there is some other situation that is not in these post that I am missing.


#3

I missed the portion of your original post where you indicated that you bought the home prior to marriage. Have you put his name on the title since you were married? If his name is not on the title you may be able to see it without his signature, however most title insurance companies will not sign off on the title unless your Husband signs off as well.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Hi. I am in a terrible situation. I escaped from a abusive marriage, got him out of the house, got it all cleaned up, and put on the market. (I bought this house prior to marriage)
I got an offer last week, and my ex wont sign the paperwork. He said he wants half of the total profit or he wont sign. I asked for a trust/escrow fund to be created, and we will go through equitable distribution, and he refused. Now my buyers are ready to walk away today, if I dont get a signature. My house is also starting the foreclosure process. I dont know what to do!
**I did consult with an attorney, and they were going to file an emergency thing with the court, to where the judge would give me rights to be the only one the signed the paperwork. Found out today that the attorney has worked for my soon to be ex mother in law, so there is a conflict on interest.

Are there any loopholes that can get the house sold without his signature? He has made my life miserable ever since we separated, and he is trying to continue to do so, by preventing the sale of the home.