Spouse refuses to sell house


#1

I don’t think that I know the answer to the question here but I do know that in todays market, even if he signs to sell the home, it may be months before it is sold and could still be foreclosed on by the time a buyer is found…
I suggest that you get the rest of your belongings from the home and try to get a separation agreement signed.


#2

If you file a lawsuit you can ask the court to order that he sell the house.

The second mortgage company cannot foreclose unless the first mortgage company does so.

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.


#3

We are separated and I have moved out. We do not have children together. We do not have a separation agreement. I still have belongings in the house to retrieve. We have 2 mortgages that are both past due and need to sell to pay them off, but he refuses to sign papers to sell. His credit will not allow him to refinance on his own. The 2nd mortgage is for less $ and behind further than the 1st mortgage, can the 2nd mortgage company foreclose on the house? Can he be forced to sign to sell so the house does not get foreclosed on?

Thank you for your help!