Expert: Dick Dennis - 3/14/2007

Question
My husband and I have bleen separated for two years. I refinanced and gave him $20,000.00 in equity. His name came off the mortgage but not off the deed. I just want to sell now to get out from under the mortgage. I have made all the payments for the last 2 years. He is not being cooperative. Do I need his permission to sell the house and what the listing price will be be since his name is on the deed?

Answer
Yes, Jess.  It seems he must have known he would have you over a barrel sometime in the future with his name still on the title of the property. I don't understand why you gave him $20,000 while not asking for something in return: to take his name off the title.

However, there is one way to sell the property in hostile fashion and expensive. You sue him in a partition suit. Your real estate attorney will know how to handle it, also to make sure your husband pays for the cost of the suit upon losing the case.

His attorney is going to require the judge to give him a portion of the equity in the property. So, you may want to negotiate him off the title prior to suing him. If you feel you are not that proficient in negotiation with him, you should have the attorney do it for you.

I do wish you well.

Dick Dennis