Order to Sell

[anonymous1977]

What is the name of your state (only U.S. law)? NJ

I am unable to continue paying my mortgage. I want to sell my house. I was married for 3 years. During this time I acquired the property (with no payment from wife for property). My wife left me 14 months back and is in India where she has filed a divorce case against me. She is not coming back. The deed has my name followed by Married. It does not have her name. When I posted a question about selling the house on another forum, someone replied that the title insurance company will still need her signature even though her name is not on the deed. On another forum, someone responded that I could ask the court in NJ for an order to sell property where the court would issue the order with or without her consent and the proceeds of the sale would be held by the court for distribution after the divorce. Can someone please educate me on this approach? I desperately want to get out but don't want to foreclose. I am paying $2600 every month with no end in sight for the divorce. So, I really want to evaluate this option of asking the court for an order or any other alternate option that will enable me to walk away cleanly from the property without a foreclosure. I do not want to file another redundant divorce case in USA especially when one is going on in India.

[Mr. Knowitall]

If you don't want to file a divorce in the U.S., you're taking your easiest resolution off the table. You should not expect that a buyer will be happy with your trying to convey the property based upon a translation of a foreign divorce judgment. An ancillary proceeding to divide property based upon your Indian divorce judgment cannot occur until you have a judgment, assuming the Indian court even attempts to divide a marital estate accumulated in a foreign country.