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  #1  
Old 06-04-2009, 07:38 PM
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Hubby sold

What is the name of your state (only U.S. law)? NEW YORK
Husband and I bought house in 1996 as tenants in th entirety. Became estranged in 1999. (No legal seperation or divorce). Did Husband have right to sell 50% of house without my consent?(I still live here and pay mortgage)
Do I have grounds for lawsuit against him and other parties involved?
  #2  
Old 06-04-2009, 08:23 PM
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You have no claim. A joint tenant/tenant by the entirety has the ability to convert his share to tenancy in common. Then he can sell his half to anybody fool enough to buy it.
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  #3  
Old 06-04-2009, 08:31 PM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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he cannot sell your share of the house though.
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  #4  
Old 06-04-2009, 08:49 PM
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Originally Posted by ANNIE1965 View Post
What is the name of your state (only U.S. law)? NEW YORK
Did Husband have right to sell 50% of house without my consent?(I still live here and pay mortgage)
Annie, does the bank know about this sale?

Seniors, could the sale of his 50% possibly bring a "due on sale" clause into effect on that mortgage?
  #5  
Old 06-05-2009, 10:45 AM
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Originally Posted by divona2000 View Post
Annie, does the bank know about this sale?

Seniors, could the sale of his 50% possibly bring a "due on sale" clause into effect on that mortgage?
Yep. The title company should have caught this. I would contact a real estate attorney and the title company used in the sale if I were the OP.
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  #6  
Old 06-05-2009, 11:42 AM
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Originally Posted by FlyingRon View Post
You have no claim. A joint tenant/tenant by the entirety has the ability to convert his share to tenancy in common. Then he can sell his half to anybody fool enough to buy it.
Are you certain about the tenancy by the entirety? My understanding is that one of the characteristics of tenancy by the entirety is that neither party can deal with the property independently. One party is not able to convert to a tenancy in common.

I can't see that an estrangement would change that.
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  #7  
Old 06-06-2009, 12:16 AM
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Originally Posted by anteater View Post
Are you certain about the tenancy by the entirety? My understanding is that one of the characteristics of tenancy by the entirety is that neither party can deal with the property independently. One party is not able to convert to a tenancy in common.

I can't see that an estrangement would change that.
By jove, I think he's right!!
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  #8  
Old 06-06-2009, 07:36 AM
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Originally Posted by Ohiogal View Post
Yep. The title company should have caught this. I would contact a real estate attorney and the title company used in the sale if I were the OP.
I'm sure the title company simply listed the existing mortgage as an exception to coverage and simply disclaimed any responsibility for payment of any claim due to matters related to the existing mortgage.

In this environment, I doubt any bank would bother with a due on sale because one owner changed. An original borrower is still on title and residing there. At the bank where I work in default, we have parties who have divorced or lost a spouse, and add a later spouse, or a grown child, etc to title all the time and we never exercise due on transfer in those scenarios.
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  #9  
Old 06-06-2009, 08:30 AM
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Originally Posted by justalayman View Post
By jove, I think he's right!!
Well, you know what they say about blind squirrels and acorns...
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  #10  
Old 06-06-2009, 04:16 PM
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Originally Posted by anteater View Post
Well, you know what they say about blind squirrels and acorns...
but they don't say the same thing about Einstein and relativity
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  #11  
Old 06-08-2009, 04:18 PM
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Originally Posted by anteater View Post
Are you certain about the tenancy by the entirety? My understanding is that one of the characteristics of tenancy by the entirety is that neither party can deal with the property independently. One party is not able to convert to a tenancy in common.

I can't see that an estrangement would change that.
I am absolutely sure about teancy by the entirety. Have been told that this was a illegal transaction. Right now lookig at my options
  #12  
Old 06-08-2009, 04:20 PM
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Originally Posted by FlyingRon View Post
You have no claim. A joint tenant/tenant by the entirety has the ability to convert his share to tenancy in common. Then he can sell his half to anybody fool enough to buy it.


In New York this in not the case. I am very sure about that. Just looking at what optios I have to deal with this.
  #13  
Old 06-08-2009, 04:22 PM
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Originally Posted by divona2000 View Post
Annie, does the bank know about this sale?

Seniors, could the sale of his 50% possibly bring a "due on sale" clause into effect on that mortgage?

Please explain this to me I do not understand what this means. And I do not think that the bank knows.
  #14  
Old 06-08-2009, 04:25 PM
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Originally Posted by anteater View Post
Are you certain about the tenancy by the entirety? My understanding is that one of the characteristics of tenancy by the entirety is that neither party can deal with the property independently. One party is not able to convert to a tenancy in common.

I can't see that an estrangement would change that.
I am absolutely positive about the tenants by the entirety that's why I'm wondering how he got away with it.
  #15  
Old 06-08-2009, 04:47 PM
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Originally Posted by ANNIE1965 View Post
I am absolutely positive about the tenants by the entirety that's why I'm wondering how he got away with it.
I was replying to FlyingRon's statement about severing the joint tenancy.

As for how he did it... Beats me.
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