Me and my wife moved into a house that me and my mom bought together. The mortgage is under me and my mom. It was bought while i was married to my wife. We are going thrue a divorce. Can my mom sell the house if she is half owner or does my wife have a sa

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Me and my wife moved into a house that me and my mom bought together. The mortgage is under me and my mom. It was bought while i was married to my wife. We are going thrue a divorce. Can my mom sell the house if she is half owner or does my wife have a sa

Me and my wife moved into a house that me and my mom bought together. The mortgage is under me and my mom. It was bought while i was married to my wife. We are going thrue a divorce. Can my mom sell the house if she is half owner or does my wife have a saMe and my wife are going through a

divorce. She lied that I was abusing her and got a order of protection against

me. Now she is living in the property. The property is under me and my mom’s

name.we bought it while I was married to my wife. Can me or my mom sell the

property or do a deed in lieu of foreclosure because I’m renting somewhere else and I can’t afford to pay the mortgage nor can my mom. Do I need my wife’s permission or can my mom sell it or turn it in to the bank because we cannot afford to pay the loan?

Asked on March 27, 2018 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Here is the issue I see that can cause a problem:  is your wife going to claim that your hald of the property is marital property?  If it was purchased during the marriage, is the marital home and she in any way contributed to the upkeep, care, maintenance, etc., and you paid the mortgage with marital funds, then I think she can.  Then likely you can not transfer the asset unless she agrees or you have a court order.  Mom may need to bring a Partition action requesting court to sell and having half of the proceeds deposited in to an ecrow account for purposes of distribution at the time of the divorce.  Get a better lawyer.  Good luck.


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