Expert: Karyn Foley - 6/24/2011

Question
Hi,

I live in MS, and have been married for 16 years. My wife's name is on the (JTWROS) deed to the house (along with mine), and only my name is on the mortgage. I recently found out that my wife had been having an affair, so I changed the locks & locked her out of the house (no kids). She's been locked out for about four months. I know that I am 'supposed' to have a court order, etc. (to lock her out), but I plan to file for divorce. She broke in once, when I was not home, & got some of her things, and I didn't do anything.

She's now trying to act like (on voice message) that "she's going to sell her 'half' of the house" - or something like that. I know that she could try to go through with all of that 'Partition' mess, but she would (I assume), have to get a lawyer and go to court, and get MY signature, and all that - and it would probably take a long time. She wouldn't be able to do all that kind of stuff.

I just want to make sure that there's nothing ELSE that she could do, without my permission, or signature, etc.. I'm pretty sure that there's NOT a thing she can do - just wanted to make sure there's no way she COULD somehow sell off her part, or do anything that could be done 'quick-like', out from under my feet. If you could just kinda confirm that, I'd appreciate it.

Mike

Answer
Dear Mike:  Even though you are responsible for paying the mortgage, you are obviously both owners of the house.  However, I do not know the laws of your state nor how the title is held in your names; there are many ways in which to hold title.  You are both behaving irrationally and perhaps even illegally, which will not hold you in good stead should you end up in court.  You need a real estate attorney along with a divorce attorney.  Too much has been done to sort it out yourselves.  If you want to protect your interest in both your credit rating (mortgage!) and what you are entitled to with a divorce, you should have a consultation with both as soon as possible.  My initial suggestion would be to go back to this AllExpert site and ask questions to some one in the legal profession who could probably point you in the right direction.  A good divorce attorney might well know the answers to all your concerns without the need to also go to a real estate attorney.  With two people going out of bounds there is no end to what either one of you would do, so at least one of you should be rational and act with only good, solid advise.  If that is you, it will be to your benefit in the long run.  You asked about doing something quicklike, and that is my suggestion.  Keep in mind, if she got some of her things, she could end up cleaning out the house.  If a burglar can do it by just pulling up a moving truck one day - and I have known it to happen - so can the other legal owner; by the time you get back home all the possessions could be gone.  Give some thought to the same thing happening to bank accounts.  We real estate brokers cannot "practice law without a license" so get going!  KARYN FOLEY