Can I Sell??

[stoneyv1]

What is the name of your state? VA
Can I sell my house in Virginia without the wife's permission or signature? The mortgage and deed are in my name only. She put me out and got a restraining order so I can't come back, but I am still making the payments on the house. She has her boyfriend living there with her now. Do I need to send letters or something telling them to leave the premises, so I can sell it? I am barly avoiding foreclosure, with the expenses of 2 residences. Do I have any other options to get rid of this house and mortgage? We have no children.

 

[danno6925]

If there's a restraining order against you, there's probably a reason for that, but I'm not here to judge, just to put in my two cents

Send her a lease and request she start paying rent in the amount of the principle, taxes and insurance associated with the property. Should she refuse to sign, have an agent list the house for sale.

Send a letter via Certified mail RRR to the wife informing her that you will be selling the home, and that as of the date of the contract, she will have no more than 45 days to vacate the premises. IMO, since there is no written lease, and she's not on the title - she's a month to month tenant anyway.

If it sounds like she's not into paying you for living there, you could file papers to have her evicted for non payment of rent before you sell. Check with a local attorney on the procedures. But be prepared, it could take a while.

One more thing for you to check on - Is VA a community property state? If so, you may have more trouble than you bargained for!

I am NOT an attorney. I have worked in Pa Title insurance since 2000.