Help needed on house sale xxero: Separated here with no papers. He just got an attorney and I have none. No money to pay for one and no way to get thousands for an attorney.
He signed the contract to sell the house but not refuses to sign the deed. Deed is in my name - house is in joint financing. Closing set for today. Funds put down when house was purchased were from an inheritance of mine. I can trace this but it will take months to get it through the court system and by then his collectors from (cards in his name only) will be all over the house money. Yes, I am correct - there is an issue that could bring his collectors against the house. It is an unusual situation. He wants to escrow the funds, but I will not allow this as collectors will come in and also I have to have the money to care for our child that he makes/pays 0 money to support but is also going for custody of this week in a 50B (will address this later). I cannot communicate with him due to the 50B that I took out... and MIL is running the show. Lots of money there.
I just found out that I could have sold the house without his sig on deed the second he signed the contract to sell but now that the seller and his attorneys are aware of the problem that I cannot sell to this buyer (that way). Is there any way for me to sell this house to another buyer without his signature on anything? I don't care if he takes out a judgement on me. I have perfect credit but will lose it if I can just get my inheritance back. I would gladly give him the remainder of funds on house, but no deal there. NC here. Help please.
Re:Help needed on house sale mozart101: If the deed is in your name alone then you should not have any problem selling the house. While the mortgage may be in both names the bank does not care who pays off the loan - just that it is paid off when the house is sold. Since you are the only legal owner of the property then you should not need his signature for anything. You would want to use an escrow company but I would suggest only using your name when you set up the escrow account and also setting up a seperate bank account in your name only so the escrow company can deposit the funds directly into the account.
Also - you can contact a real estate lawyer to answer these questions officially. Probably worth the money to make sure such a large transaction is done properly.
Good luck
