Husband Not On Deed, Can Wife Sell?
We are interested in trying to purchase a home in a pre-foreclosure. I say "trying" because she doesn't answer the phone and seems to be never home. The dog barks, so she still lives there. Anyway, I checked records at the courthouse ( Florida) and only the wife has been on the deed. But BOTH names are on the mortgage that is foreclosing in 3 weeks. All legal correspondence that was mailed to the husband has been returned do to "address unknown", so he hasn't opened any lis pendens or default notices. Can the wife sell the home without his okay since he was never on the deed? If not, can this still be sold at auction? Thanks!!!!
Oops, I forgot to mention, they are divorced now. Thanks again!!!!
decree of divorce notwithstanding...
the hubby on the hook for the mortgage, but doesn't have an ownership interest in the property..
The wife is the owner... she and she alone can sell... refinance, lease it out, or lose it to Sheriff's Sale.
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Short Sale Practitioners can't predict, or guarantee results... but can take steps to insure the likelihood for success....[ Edited by TheShortSalePro on Date 06/21/2004 ]
Check with a title company - but in FL the spouse has a interest in the property, even if they are not on the deed, especially if it is homestead. The divorace may have given him some interest in the property, even if he is not on the deed. I believe you need to check the divorace papers.
Brenda
What are you asking?
John
Quote:
On 2004-06-21 12:14, cjmazur wrote:
is the divorce decree puplic record?
[addsig]
I have twice had this come up during a title search. I am not a title agent, but I recall that the wife had been notified of her ex-husband being served in a pre-foreclosure. I asked why was the ex-wife served since she was not on title. The title person told me that because she may have been given some interest in the property from the divorace.
Brenda
Maybe you should get a title opinion before you get too far into this? And make your offer to the wife contigent on getting the husband to sign off (if necessary).
I had a situation similar to this...the husband wasn't on the title, but the title company wouldn't issue a clean bill of health unless the husband signed a quit claim deed. That would clear him of any interests in your situation if he has any...
I did as you all suggested! I checked the courthouse records. All records in our county in Florida are open to the public. There is NO record of marriage between this couple and NO record of divorce. She doesn't use his last name, and I now believe they were not married. As stated, his name was not ever on the deed, but it was on the bank loan that is foreclosing. I thought they were married, because I spoke to a neighbor that said "she is divorced, but he's gone," On the deed, it states her name and " a married woman" but only she is on the deed and I now don't believe this "married woman" was ever married to "this" man. An interesting complicated web, now I must find out the truth! Any ideas? Thanks!!
I think your bigger problem is trying to get this woman to cooperate. You can't buy something in preforeclosure unless you get it under contract first. If you can't even get in touch with this woman, how do you propose to buy the property?
Has anybody encountered a situation where a property is held by husband and wife, Wife wants to sell but husband does not want to sign.
Can the wife borrow money secured by the property without the husband's signature?
Please help...
Reinatalie: No to first question, W can't in actuality sell her half. Although she could, legally do so, who'd want half a property argument?
To second question, can bank foreclose? Is that what you're asking?
If so, then yes is answer, as of course, the creditor can foreclose if it's not paid.
This is exacly the kind of RE problem that give folks like us opportunities, as we can step in and cure their problems, whereas they probably could never do it because they're of split opinion.