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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111555
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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When a divorced spouse signes over the deed to the house in

Customer Question

When a divorced spouse signes over the deed to the house in lew of foreclosure, when the house goes into foreclosure, in this case for 8 years, does the spouse who has not lived in the house for 8 years, have any rights to sell the house, even after the wife is told by a court of law to sell the house but does not , and instead somehow refinances for 44 yeas without telling the husband, and will not take his name off he original mortgage. Does he have the right to sell the house or any other rights?
So confusing I know. Have not more money to fight this, can you help !
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

The other party here appears to be in contempt.You can file your own motion where the divorce was granted to seek to enforce the decree and settlement and force a sale.

It is very possible the court agrees and holds other party in contempt until property is sold.The other party has not made a good faith effort here to sell the property as the court instructed.You have remedies, the judge will order it sold and set a deadline to do so.

This is as close as I can come to a premade form, you will need to modify it to your needs.You can preview it for free and make use of it.

You would be seeking to hold other person in contempt and to modify orders forcing an immediate sale here.

http://www.uslegalforms.com/us/US-MOT-01409.htm

You can file such a motion where the divorce was granted and it will be set for a show cause hearing here.

I appreciate your patience today and the chance to help you .Please let me know if you have more.Thanks again.

Expert:  Ray replied 1 year ago.

I will opt out here as per your request.Please do not rate and others will pick this up.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your previous contributor opted out and I am a DIFFERENT CONTRIBUTOR. Did you have any further questions your previous contributor did not answer for you?