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irishlass

Guest
What is the name of your state? Massachusetts
My boyfriend's ex-wife moved out of the house almost 2 years ago and is now threating to sell the home by the end of the month. Can she do this without his consent? Both names are on the mortgage and he lives in the home with his son.
 


C

CCPENNOCK

Guest
She can not just kick your boyfriend and child to the curb with a months notice if his name is on the mortgage. How was title held? She can start a partition action through the courts to have the house sold and the profits split between her ex and herself if title is held as joint tenants, tenants in common or community ptoperty. The proplem is if the title is held soley by her. Go back and take a look at the grant deed. CCP
 
H

HomeGuru

Senior Member
irishlass said:
What is the name of your state? Massachusetts
My boyfriend's ex-wife moved out of the house almost 2 years ago and is now threating to sell the home by the end of the month. Can she do this without his consent? Both names are on the mortgage and he lives in the home with his son.
Click to expand...
**A: who is on title and what does the divorce decree state with respect to disposition of the property?
 
N

nextwife

Senior Member
Yes, WHO is vested on title and what the decree states is what matters. Who is listed on the mortgage ONLY establishes who is obligated to the lender for payments.
 
I

irishlass

Guest
unfortuantely I dodn't know who is the vested person. I beleive it is my boyfriend, and unfortunately they are not divorced as of yet. They are legally separated.
 
H

HomeGuru

Senior Member
irishlass said:
What is the name of your state? Massachusetts
My boyfriend's ex-wife moved out of the house almost 2 years ago and is now threating to sell the home by the end of the month. Can she do this without his consent? Both names are on the mortgage and he lives in the home with his son.

**A: based on the new info my answer is yes, she can indeed threaten to sell the home without his consent.
Click to expand...
 
I

irishlass

Guest
How can she do that when his names on all the papers too and she doesn't live there and has no interest in living there. Remember she left him!
 
I

I AM ALWAYS LIABLE

Senior Member
irishlass said:
How can she do that when his names on all the papers too and she doesn't live there and has no interest in living there. Remember she left him!
Click to expand...

My response:

It doesn't matter whether she has an "interest in living there". What matters is that HER *money* is sunk in that house, and she wants her *money* out of the house.

Therefore, she files her lawsuit for PARTITION against your boyfriend if he's unwilling to buy her out, or sell the house, voluntarily.

Either way, voluntarily or by force, you're going to be put out on the street real soon if you don't make alternate plans for a roof over your head.

IAAL
 
I

irishlass

Guest
She also hasn't paid a dime towards the house since 3 months prior to moving out. She took all the money,never paid any bills and booked!
 
N

nextwife

Senior Member
"Both names are on the title to the house"

" Can she do this without his consent? Both names are on the mortgage and he lives in the home with his son.

**A: based on the new info my answer is yes, she can indeed threaten to sell the home without his consent."



I am confused.

HomeGuru, If BOTH are vested in title, no title insurer will insure a conveyance of this property without either the co-owner granting their interest, OR a court order requiring the sale. She, alone, without any CO, cannot convey the property. Or am I missing something?
 
H

HomeGuru

Senior Member
nextwife said:
"Both names are on the title to the house"

" Can she do this without his consent? Both names are on the mortgage and he lives in the home with his son.

**A: based on the new info my answer is yes, she can indeed threaten to sell the home without his consent."



I am confused.

HomeGuru, If BOTH are vested in title, no title insurer will insure a conveyance of this property without either the co-owner granting their interest, OR a court order requiring the sale. She, alone, without any CO, cannot convey the property. Or am I missing something?
Click to expand...
**A: yes, you ARE missing something. Go back and read the question again, then read my response.
 
N

nextwife

Senior Member
Irishlass,. as was posted while I wrote my post, she CAN go to court to compel the sale. Co-owner needs to get their ducks in a row and prepare to buy out ex's interest. Rates are very adventageous.

They need to start shopping for a cash out refi AND get an attorney to etsablish the periods that no contribution toward payments was made by ex, , to see about deducting that period from payout of accrued equity. They need an attorney.
 
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