Expert: Dick Dennis - 6/19/2008

Question
QUESTION: My husband's name is the only one on the mortgage, but both of our names are on the deed.  (community property state) For reasons I'd rather not go into here, I packed up and moved out of the house with the kids several months ago. Long story short, husband is going to sell the house - or try to short sell - mortgage was already in arrears and he was in a repayment plan with the mortgage company.  I received an email from him today where he is telling me I have to sign something for him to sell the house.  Is this true?  Does he HAVE to have my signature?  The reason I ask is that we are not legally separated and I am trying to force his hand to file for divorce and start paying child support (of which he has paid NONE since I left...)  Can I use the leverage of signing the paperwork to sell the house?  Or if I refuse to sign will they just work around me?  Just wondering what my options are.

ANSWER: If the house is going to be sold, Heidi, they are going to need your signature. However, you are not responsible for any part of the mortgage so if anything goes wrong with it, it should not affect your credit standing. You should not have to sign anything regarding the mortgage. Sorry to screw up your plans to "force his hand."

I do wish you well.

Dick Dennis

---------- FOLLOW-UP ----------

QUESTION: I'm confused.  Your first sentence says that if the house is going to be sold that they are going to need my signature.  Then you end by saying I shouldn't have to sign anything regarding the mortgage.  So you are saying they do or they don't need my signature? Or they need it for one part of the transaction but not the other?

ANSWER: When you sell the house, there is no reason why your husband AND YOU have to sign anything on the existing mortgage. The mortgage gets paid off by the financing the buyer puts on the property. You get your half of any money that may be coming from the house. He gets his. But in any case, they do need your signature to sell.

Dick Dennis

---------- FOLLOW-UP ----------

QUESTION: so I can force his hand somewhat.  If they need my signature to sell, then I tell him I won't sign unless he files and starts paying support, yes?

Answer
Only a divorce attorney can do that with legality, Heidi. My suggestion therefore would be for the divorce to proceed and the house gets sold as part of the divorce. That is the only way I can think of to force him to pay you. You need legal papers to force him to pay child support or anything else.

Further, you have no way of knowing, at this point, whether he is selling the house to a friend or anyone who is in cahoots with him. So, if you help him sell the property, whatever money is derived from the sale he can pocket it and you won't even know.

Yes, divorce is a nasty thing. I've been married 54 wonderful years and proud of it, for whatever its worth.

Dick Dennis