Dealing With Non Co-operative Spouse
I wonder how you deal with a non co-operative spouse in a Short Sale situation. In my current case the couple are separated but are on talking terms. I met them at a Mcd to sign the docs. Otherwise would you sign a Quit Claim (assuming there is no equity/ money to fight about) from one to other and deal with just one of them?
Or you do need them both for the closing?
Great response, finniganps.
I do not know your state laws .... but in FL one spouse signing a deed to another spouse has no meaning. The FL constitution declares that both spouses have equitable interest in the homestad property. So as long as they are married, they both own the house regardless of who is on title.
I had an uncooperative spouse and had to have both spouses sign and notarize the same deed that named me as the grantee. I could not do it even in seperate deeds. They did not have to be together to sign and notarize, but it had to be the same deed. And it had to say "John Smith and Rebecca Smith, a married couple". If only one spouse was on the deed it would have sayd "John Smith, joined by his wife Rebecca Smith".