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Situation with no solution

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anonymous1977

Junior Member
What is the name of your state (only U.S. law)? New Jersey

All - This is my situation. I was married for 3 years. My wife left to India with the kid in Sept 2008 and asked for a divorce from there. We are both Indian citizens. Based on her request, I filed a divorce case in NJ in Oct 2008. She filed a divorce case in India in Nov 2008. I then dismissed my divorce case here in NJ because she counterclaimed a lot and I was unable to keep paying the attorney. Now, the case is continuing in India.I am currently residing in a house that we acquired while we were married. I put down 10% equity (she did not contribute anything). The property value is now down 10% and the equity is wiped out. The deed has my name followed by, Married. In India, over the last 14 months, I have changed 3 attorneys because wife's side has been telling me that they are interested in an out of court settlement. However, it looks like this is an eyewash since her intent seems to be to harass me. In India, if the matter goes to trial, it will last for 7-10 years. In the meanwhile, I am left with a huge house on which I am paying a heavy mortgage which I can neither sell nor refinance. The attorneys in NJ are telling me that I need her signature to do anything. I am unable to make any progress on an out of court settlement. I don't mind the divorce case to proceed in India but want to unentangle myself from the house. Is there any option available in NJ for me to sell my house without requiring her signature? Is there any legal way out for me or is foreclosure my only option? I have had a pretty clean track record and have never defaulted on any payments. I am just heartbroken that a country such as United States has no option for a scenario like mine where the wife has absconded and I am left with no option to dispose my property. Would appreciate if someone could shed some light.
 


LdiJ

LdiJ

Senior Member
anonymous1977 said:
What is the name of your state (only U.S. law)? New Jersey

All - This is my situation. I was married for 3 years. My wife left to India with the kid in Sept 2008 and asked for a divorce from there. We are both Indian citizens. Based on her request, I filed a divorce case in NJ in Oct 2008. She filed a divorce case in India in Nov 2008. I then dismissed my divorce case here in NJ because she counterclaimed a lot and I was unable to keep paying the attorney. Now, the case is continuing in India.I am currently residing in a house that we acquired while we were married. I put down 10% equity (she did not contribute anything). The property value is now down 10% and the equity is wiped out. The deed has my name followed by, Married. In India, over the last 14 months, I have changed 3 attorneys because wife's side has been telling me that they are interested in an out of court settlement. However, it looks like this is an eyewash since her intent seems to be to harass me. In India, if the matter goes to trial, it will last for 7-10 years. In the meanwhile, I am left with a huge house on which I am paying a heavy mortgage which I can neither sell nor refinance. The attorneys in NJ are telling me that I need her signature to do anything. I am unable to make any progress on an out of court settlement. I don't mind the divorce case to proceed in India but want to unentangle myself from the house. Is there any option available in NJ for me to sell my house without requiring her signature? Is there any legal way out for me or is foreclosure my only option? I have had a pretty clean track record and have never defaulted on any payments. I am just heartbroken that a country such as United States has no option for a scenario like mine where the wife has absconded and I am left with no option to dispose my property. Would appreciate if someone could shed some light.
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If the deed is in your name only, then you should be able to sell the property. I suggest that you get a consult with a real estate attorney, rather than a family law attorney.
 
A

anonymous1977

Junior Member
Are you positive?

Are you sure about this? Are you saying if the deed has my name followed by married, she wouldn't need to sign anywhere?
 
Ohiogal

Ohiogal

Queen Bee
LdiJ said:
If the deed is in your name only, then you should be able to sell the property. I suggest that you get a consult with a real estate attorney, rather than a family law attorney.
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You are wrong about that. A title company will want HER signature to release her dower/dowry rights. What he may be able to do is a deed in lieu of foreclosure.
 
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anonymous1977

Junior Member
Is there no way out?

Are you then saying I have no way out? I asked the mortgage company about Deed in lieu of foreclosure and they said she would still need to sign. Don't I as a human being have something called basic human rights in a country like USA? I have Been paying 2600 every month for the last 14 months on a property where I live alone. I don't see a point doing this when my family is no more with me. The other partner has absconded. Why should I be left to carry the burden? I just want a clean closure without having to resort to foreclosure? Is there no way for me?
 
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Proserpina

Senior Member
anonymous1977 said:
Are you then saying I have no way out? I asked the mortgage company about Deed in lieu of foreclosure and they said she would still need to sign. Don't I as a human being have something called basic human rights in a country like USA? I have Been paying 2600 every month for the last 14 months on a property where I live alone. I don't see a point doing this when my family is no more with me. The other partner has absconded. Why should I be left to carry the burden? I just want a clean closure without having to resort to foreclosure? Is there no way for me?
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Basic human rights do not involve protection from debt, bankruptcy or divorce ramifications.
 
M

mistoffolees

Senior Member
Ohiogal said:
You are wrong about that. A title company will want HER signature to release her dower/dowry rights. What he may be able to do is a deed in lieu of foreclosure.
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It's actually going to be even more complicated since he dropped the U.S. divorce case. The Indian courts will have no jurisdiction over the U.S. property, so he may have a hard time with this, as well. He really needs a good local attorney as well as his attorney in India.

He also needs to stop listening to his stbx. Dropping 3 different attorneys because she said she would be reasonable is just plain insane.
 
LdiJ

LdiJ

Senior Member
Ohiogal said:
You are wrong about that. A title company will want HER signature to release her dower/dowry rights. What he may be able to do is a deed in lieu of foreclosure.
Click to expand...
This is NJ, not OH, and I suggested that he consult with a real estate attorney. If an NJ real estate attorney agrees with you then he will need to take that advice.

However, in many states he could sell the property and deal with the results within the divorce. On top of that, the divorce is taking place in India, and obviously no one here has any clue what that might entail.

And on top of THAT...its clearly a situation where there is little to no equity.

So none of us has the right to give any advice unless we have direct knowlege of real estate law in NJ..which is why I suggested that he consult with a real estate attorney in NJ.
 
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