I need to sell or refinance the house

[smfl5616]

What is the name of your state (only U.S. law)? PA
My husband abandoned me and my children. He's been hiding out somewhere and hasn't returned to work. I know he's not dead because he's contacted his family, but none the less, he's not in contact with me or my children. I cannot afford our mortgage payment and I have too much equity in the house to just walk away. I wanted to refinance the mortgage to bring the pmt down but the lender said I needed my husbands consent. He's on the mortgage and the title to the house. Is there anyway for me to get an emergency hearing that would allow me to refinance or sell this house?

I've spoken with an attorney who said I could eventually have a "divorce master" order the house into my name but that it would be a very expensive process. What can I do?

 

[justalayman]

there really isn't anything you can do. You cannot simply take his share of the property.

 

[OHRoadwarrior]

You might be able to get a HELOC in your name only. This might delay things temporarily.

 

[smfl5616]

So what if I never see or hear from him again? Does that mean I can never sell the house?

 

[justalayman]

So what if I never see or hear from him again? Does that mean I can never sell the house?

Unless you divorced him, yes, that is what it means. Divorcing him without being able to serve him would be quite a problem though.

 

[mistoffolees]

there really isn't anything you can do. You cannot simply take his share of the property.

Second sentence is true. First sentence is not.

You should contact the bank. They can not do anything directly, but if you tell them the situation and your plans, they can hold off for a while on starting repossession. But file for divorce and possession of the marital home first.

You might be able to get a HELOC in your name only. This might delay things temporarily.

I can't picture any way to do that without stbx's signature. If husband's name is on the title, his name is needed to get an HELOC. The fact that the bank won't refinance without his signature is a clue.

 

[LdiJ]

What is the name of your state (only U.S. law)? PA
My husband abandoned me and my children. He's been hiding out somewhere and hasn't returned to work. I know he's not dead because he's contacted his family, but none the less, he's not in contact with me or my children. I cannot afford our mortgage payment and I have too much equity in the house to just walk away. I wanted to refinance the mortgage to bring the pmt down but the lender said I needed my husbands consent. He's on the mortgage and the title to the house. Is there anyway for me to get an emergency hearing that would allow me to refinance or sell this house?

I've spoken with an attorney who said I could eventually have a "divorce master" order the house into my name but that it would be a very expensive process. What can I do?

You could try to get assistance from his family. You could explain to them the situation with the house and that if he doesn't cooperate with you (and he) will lose the home. You can ask them to discuss the situation with him (if they have contact information or the next time he contacts them). If he would simply give you a power of attorney (notarized) to sign for him on a refi or sale of the house, you could save the equity.