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Can My Ex- Sell The House Without Me?

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  • 05-06-2007, 07:19 PM
    lookingforanswersnow
    Can My Ex- Sell The House Without Me?
    I am living in NC and going through a divorce, actually the divorce should be final now. There is a house in question, the primary residence of our children. The mortgage and deed are in my ex husband and my name. The mortgage is backed by a VA loan because he is military. In our agreement we agreed that he would do a quitclaim deed over to me. He now wants to change because he thinks that I am an unfit mother and wants to take the house away from me and the children. He says that he is selling the house and he is going to do it without me. The question is, can he sell the house without my ok since my name is on the mortgage loan and the deed? Can I have him buy me out so that he can sell, because without that I refuse to sell and have him take away my children's primary residence.
  • 05-06-2007, 07:26 PM
    Happy Trails
    Re: Can he sell the house without me?
    Your name is on the deed, this makes you one of the owners.

    If he wanted to force a sale he would have to go to court for what is known as a partition suit.
  • 05-06-2007, 07:32 PM
    jk
    Re: Can he sell the house without me?
    if the divorce mandated he sign the property to you, he cannot do anything with the property unless/until he would get that court order modified lest he chance being in contempt of court.

    you need to figure out if you are divorced or not.
  • 05-06-2007, 07:38 PM
    Happy Trails
    Re: Can he sell the house without me?
    Quote:

    Quoting jk
    View Post
    if the divorce mandated he sign the property to you, he cannot do anything with the property unless/until he would get that court order modified lest he chance being in contempt of court.

    you need to figure out if you are divorced or not.

    Good catch JK, I missed " In our agreement we agreed that he would do a quitclaim deed over to me."
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