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lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25386
Experience:  Practicing attorney with expertise in easements
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what rights do i have to put my house up for a short sale if

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what rights do i have to put my house up for a short sale if my ex husband is on the loan but i am not
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I am sorry that you are having this problem and unfortunately it is one that I am seeing in my practice on a regular basis.

Your rights depend entirely on the division of the marital property that was done in the divorce decree. Exactly what is in the court order as to the house and how the mortgage will be handled?
Customer: replied 3 years ago.

The divorce decree states that "The party receiving a piece of real property shall be solely responsible for all mortgages, trust deeds, lines of credit and other debts owed on that real property. The arty assigned a piece of real property shall be given a quit claim signed by the other party on that party. Husband and Wife shall be held solely responsible for all mortgages, loans, liens property taxes and other encumbrances on the properties confirmed to them. They shall defend and indemnify the other party in the event of collection or legal suit relating to the lease." I had falled behind on my payments last year due to a loss of income and now the property is in foreclosure. I have a buyer willing to do the short sale. My exhusband has the loan in his name and is refusing to authorize the short sale. The buyer of the property is willing to lease the property to me so that I can continue to use the property.

Has he given you a quit claim deed to the house?
Customer: replied 3 years ago.


Then the court order requires that he cooperate in the sale since you are the owner of the property. However, you would be responsible for any deficiency that would be charged to him. The attorney that handled your divorce can start by writing him a demand letter. If that does not work, your attorney will have to file a motion with the court and ask the court to require him to cooperate with the short sale. It does not appear to be a direct violation of the court order that would subject him to a contempt of court action but that is something that your attorney would have to advise you on. Based on your post I don't see this happening without getting an attorney involved to assist you. I know that is expensive but your attorney could ask that the court make him pay the attorney fees for having to go back to court to get his cooperation.

Your leverage is to tell him that if he does not cooperate the property will go into foreclosure which will be on his credit. Based on the court order you had every right to enter into the short sale agreement. I am not sure what type of legal action he thinks that he could take as long as you did not forge his signature. Hope this helps.
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