Posted by Jimmy on November 07, 2005 at 06:25:27:
what I mean is this: you can unilaterally get this guy off title. He either has to cooperate, or you must go to court.
divorce - california - Posted by Leedmac
Posted by Leedmac on November 05, 2005 at 19:55:07:
A couple owns their home. Spouse (husband) moves out unexpectedly. They are now divorcing. Mortgage is in their names as H/W and grandmother (of wife) as tenant in common (basically a co-signer on the mortgage). H decides he will no longer pay the mortgage. W cannot afford it on her salary. Grandmother says home will have to be sold. What is H’s interest in the home if he has effectively abandoned the property? Can the cost of repairs prior to sale be charged against whatever interest he may have?
Not So Simple - Posted by Jimmy
Posted by Jimmy on November 06, 2005 at 07:36:23:
Husband MUST exeucte the deed by which the house is to be transferred on sale, so you have to bring him to the table. You can’t “self-help” this one. He is a critical part of the transaction.
If he remains uncooperative, there are two ways to do a deal without him, and neither are easy or quick. One is to wait for the divorce court to issue a judgmet on the marital property split. If this split takes Husband out of the mix, you can do your deal. Otherwise, you can seek a partition of the property (where the remedy sought is a judicially-supervised sale). Expensive, and will take 18 months.
sorry
Re: Not So Simple - Posted by Gizmo
Posted by Gizmo on November 06, 2005 at 21:26:06:
Leedmac,
What do you mean by “self-help?”