How do I sell a house that has both my name and my estranged husband’s name on it?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I sell a house that has both my name and my estranged husband’s name on it?

My husband left several months ago, but was paying support. He recently stopped paying and now it has become necessary to sell our house because I cannot afford to make the payments on my salary along with all the other bills for my children and myself. Is there a way to force him to sign a power of attorney giving me permission to sell the house to pay debts in both our names?

Asked on July 27, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband refuses to sign a power of attorney allowing you the authority to sign his name to a contract to sell the house and he refuses to sign a quitclaim deed to the property releasing his interests in it to you, you do not have a lot of other options except one.

The option would be that if you already have a dissolution action filed, you file a petition with the court for an order that the home be sold and that both of you sign all documents to get the sale done. If that is the order, and he refuses to sign the documents to close escrow on the home's sale, the court could possibly order him to sign or the court can hold him in contempt of its order.

The above suggestion is a little drastic and perhaps the court may not make an order forcing the sale of the home, but it is something to look into with a good family law lawyer.

Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption