Family Law Questions? Ask a Family Lawyer Online.
Yes, it was purchased by them both in 2008. They were married in 2005. Both of their names appear on the records as owners.
She claims that he signed away his rights to proceeds from the house in a separation agreement. But his name is XXXXX XXXXX the house, and he has to sign in order to sell it. How can she claim that he signed away his rights when he did not sign a quit claim?
He has used a lawyer who simply tells him that he should move on and just sign the papers to sell the house. Could this lawyer just be lazy, or not know the law? Should he get a "second opinion" from another lawyer? Is there anything in a legal separation that would allow her to take away his rights to the house with his name still on it as owner?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).