Expert: liznarr - 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 saying 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
Hi Mike,

Sorry to hear about your marital problem.

I’m not trying to “pass the buck,” but your question is a legal one and should be directed to an attorney.

I am not qualified to give legal advice and it is against real estate law for me to give legal advice since I am not separately licensed as an attorney.  Your question does, however, bring up a question in my mind of whether or not your wife could quit claim her interest in a joint survivorship deed.  I don’t think I have even been presented that scenario before.  A judge could certainly rule on a Right to Partition case, but in light of a pending divorce, the two actions could overlap.  

I would suggest that you contact a good attorney in your area as quickly as possible and get competent legal advice.  If there is anything you need to be doing now to protect your rights which an attorney suggests, you can at least start doing things the legal way and expect to “not” be challenged.

Good luck to you, and feel free to write again if you have a question as it relates to my field of expertise.

Regards,
Elizabeth