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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6851
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Im hoping you can help. I am married me and my husband own

Customer Question

Hello Im hoping you can help. I am married me and my husband own two homes together. He sold one without my knowledge and took all of the money. He said he said notice was put in the paper. We reside over seas so I had no knowledge of it of the notice and he sold it. What recourse do I have at this point if any and what can I do to prevent him from selling the other one? Thank You
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 6 months ago.
How long ago did the transfer of the property occur? As statute of limitations may play a large party whether or not you can recover the property from the people who bought it from your husband. You will also have the burden of proving a forgery on his part. You have mentioned a publication of the notice in the paper, but you don't say what the notice was of how it related to the sale of the property. Can you provide a few more details about the sale of the property. If you still own one property and it is jointly title, it cannot be sold without your signature on the deed. There's nothing you can do except keep your eye on the the tax billings that come from the County Treasurer. That would tell you if there is any change in the way title has been registered. I am on Eastern time and I will be on and off the computer for the rest of today, which is Sunday in case you have any follow-up questions..
Customer: replied 6 months ago.
the property was sold November 2015. My husband mentioned that he put some type of notice in the paper that I was supposed to respond too and because he knew we live over seas and I would never see such a notice he was then allowed somehow to sell the property. I dont know the details, I never signed anything. This is a property that he added my name too in April of 2014. I went with him to a lawyer to have the joint title done. I was keeping an I on the tax records but because It was a new title they said my name had not been listing on the tax records as such and would take a year.
Customer: replied 6 months ago.
Looking forward to your response on Monday. Thank you.
Expert:  Irwin Law replied 6 months ago.
Okay. I am not at all certain of this, but your husband might have sued you for partition of the property. The notice may have been a summons published in the newspaper to notify you of the lawsuit. He may have obtained some kind of a partition judgment by default wherein the Court ordered the property to be sold. If you both owned the property jointly in your names as husband and wife, he should not have been able to do that. If I am correct, you can contact either your lawyer (preferable) or a title insurance company in the County and, they will find a record of the court case. What you do after that, I can't say because that will require the a complete evaluation by a local attorney.
Customer: replied 6 months ago.
ok thank you
Expert:  Irwin Law replied 6 months ago.
Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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