CAN ONE OWNER STOP THE SALE OF A HOME WHEN ITS IN CONTRACT TO BE SOLD?

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CAN ONE OWNER STOP THE SALE OF A HOME WHEN ITS IN CONTRACT TO BE SOLD?

I am in the process of divorce and our home is in contract to be sold,all paper work with realestate and buyer is signed by all. my spouse now decides she wants to stop the sale from going threw. Can she do this without my consent? I do not want to keep this house and my spouse can not buy me out.

Asked on May 16, 2009 under Real Estate Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you don't have a lawyer for yourself in the divorce, you need one, right now.  One place you can look for a qualified family law attorney, among others, would be our website, http://attorneypages.com

Depending on the contract and how far along things have gone, your wife might not be able to stop the sale even with your consent, without the two of you being sued for breach of contract, or at the very worst losing the deal, which is a very serious problem all by itself these days, with buyers few and far between.  It may be possible for your lawyer to get the divorce court to order her not to interfere, and even, if necessary, to give you the power to sign her name on the deed at closing if she refuses.

I would not wait a day to start getting this situation under control!


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