Expert: Dick Dennis - 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
As Shakespeare puts it, "The law's delay," Mike. That, of course, means that the process of anything involved in the law proceeds at snail's pace. But your wife, with a smart attorney, really doesn't need your signature for a partition. If she wants her portion of the property she can get a judge to force the sale of the property. And if you make it difficult to sell, the judge may take matters into the court's hands to sall the property.

However, do not take my word for it. Since this matter is more of a legal thing than real estate, you should have a confab with a good divorce attorney and make sure the steps you do take are done correctly. And I do wish you well.

Dick Dennis
dixiedee13@aol.com