What happens if my wife won’t sign a mortgage modification agreement and the house is in both of our names?

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What happens if my wife won’t sign a mortgage modification agreement and the house is in both of our names?

I and my wife are both the owners of the house. She moved out and has lived separately for over a month already. We have signed the home loan modification agreement document just before she moved out of the house. Now a new home loan modification agreement document has been sent to us (since the last document has errors), so they us a corrected one) and requested us to sign it. I emailed asking my wife to sign it but she didn’t answer at all. What can I do if I want to keep the house?

Asked on October 21, 2010 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

You are certainly in a tough place. May I suggest that you go and try and speak with her rather than e-mail her? Go and see her in person? Appeal to her and the fact that you will lose a marital asset that can be beneficial to both of you and that letting the house go in to foreclosure is not the way to go for either of you for your credit.  If that doesn't work does she have an attorney?  Can you contact the attorney?  Appeal to the attorney.  Otherwise, get an attorney of your own and see about what you can do at this stage of your relationship in asking that she be directed to sign the modification by the court.  Otherwise, you may have to look at other options with the house.  Good luck.


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