Does an incarcerated spouse have claim to the sale of a home, if not on mortgage?

[robertjpjr]

I was wondering if a husband who is incarcerated, and has been for 10 or so years, has any rights to the sale of a home.
The house went into forclosure years ago. Wife bought it at auction, while husband was encarcerated.
The mortgage is in the wifes name. Husband has provided nothing materially in many years.
Does he have any rights or claim whatsoever in the home sale?
Divorce papers have been served to husband, but will not sign.

State of residence: Maine

 

[AdjunctFL]

The mortgage is in the wifes name. State of residence: Maine

More important than that is whose name is on the mortgage is whose name is on the title. Is the husband included on the deed to the property?

 

[CTU]

I was wondering if a husband who is incarcerated, and has been for 10 or so years, has any rights to the sale of a home.
The house went into forclosure years ago. Wife bought it at auction, while husband was encarcerated.
The mortgage is in the wifes name. Husband has provided nothing materially in many years.
Does he have any rights or claim whatsoever in the home sale?
Divorce papers have been served to husband, but will not sign.

State of residence: Maine

Even if he's not on the deed he'd typically be entitled to a portion of the equity.

She would have been better off waiting for the divorce to be finalized.

 

[LdiJ]

Even if he's not on the deed he'd typically be entitled to a portion of the equity.

She would have been better off waiting for the divorce to be finalized.

It sounded to me like she bought back the home that they lost to foreclosure, through the auction. In that case she had no control over timing. I could however have misinterpreted that.

I also wonder if their separation, (he has refused to cooperated with a divorce) might make a difference?

OP, I do think that you should consult a local divorce attorney. You do not need his signature to get divorced.

 

[CTU]

It sounded to me like she bought back the home that they lost to foreclosure, through the auction. In that case she had no control over timing. I could however have misinterpreted that.

I also wonder if their separation, (he has refused to cooperated with a divorce) might make a difference?

OP, I do think that you should consult a local divorce attorney. You do not need his signature to get divorced.

Since when has not wanting to cooperate with whatever outlandish "requests" may or may not have been presented equated to a forfeiture of rights?

And I'm not talking about keeping your head stuck firmly in the sand and ignoring the entire mess; I'm talking about the simple act of saying, "Oh hell no!".

Not that this is any of the OP's business to begin with.

 

[LdiJ]

Since when has not wanting to cooperate with whatever outlandish "requests" may or may not have been presented equated to a forfeiture of rights?

And I'm not talking about keeping your head stuck firmly in the sand and ignoring the entire mess; I'm talking about the simple act of saying, "Oh hell no!".

Not that this is any of the OP's business to begin with.

Huh?

I was thinking along these lines. She has been trying to divorce him since whenever, but he refuses to sign off on a divorce and she did not understand that she could get one without his signature. Therefore they have been separated since XXX date. She bought the house after XXX date. That could make an argument for it to be separate property. I am not guaranteeing that the argument will automatically be successful, just that an argument could be made that might be successful.

 

[Ohiogal]

Huh?

I was thinking along these lines. She has been trying to divorce him since whenever, but he refuses to sign off on a divorce and she did not understand that she could get one without his signature. Therefore they have been separated since XXX date. She bought the house after XXX date. That could make an argument for it to be separate property. I am not guaranteeing that the argument will automatically be successful, just that an argument could be made that might be successful.

It is marital property unless legal separation was granted. Ignorance of the law is NOT an excuse.