Expert: Dick Dennis - 7/16/2006

Question
Hell Mr. Dennis,
My question concerns my sister who is going through a divorce. She was in the process of settling her divorce, had the house up for sale and was about to go before a judge and sign a divorce agreement when her husband decided to quit his job and move to Las Vegas.  Both their names are on the title to the house.  She doesn't know what to do.  He has not contacted her, she found out this information through her attorney.  The house in now two months behind in mortgage payments; her husband was still paying the mortgage until he left, she can't afford the payments by herself.  My question is: can she sell the house without his signature? If so, what steps must she take to do this.  The house is in Michigan.

Answer
What's going on in Michigan? I've received so many questions regarding property there. Yes, I am aware that everybody is losing their jobs and real estate is going down the tubes.

But to get to your problem, your sister must engage a REAL ESTATE attorney and file a partition suit to have the judge give your sister full title. That's the only way she is going to be able sell the house without a spouse's signature.

I do wish you well, Linette.

Dick Dennis            dixiedee13@aol.com