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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110600
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have two questions,one is I want to refinance my home but

Customer Question

I have two questions,one is I want to refinance my home but I am unable to because to make a long story short my sister and her ex husband was left part of my house in a will by my mother when she passed because my other sister whom I bought the house with was not married or didn't have any children when she passed away,when my other sister an her husband divorced it was very simple but the house was not mentioned in their divorce decree my sister is willing to sign anything but I have no idea where her ex husband is and I would prefer not to have to deal with him if all possiable. The other question is when I had to go ot on disability back in 2007 I was unable to pay off all the credit cards I had because of the cut in my income but I have 3 or 4 credit cards attached the house that says they have to be paid off in order to refinance I understand that but they have been accuring interest and they have doubled in the amount that I owe which doesn't leave me enough equity to pay all that is there anything I can do to see if they would compromise with them?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 months 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.
The will specifically mentioned her ex husband in it as giving him a share of ownership?
Customer: replied 3 months ago.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
This makes this a major issue, because unless you can find the ex to get him to sign a quit claim deed, there is nothing you can do (which I am sure you are learning).
You are going to have to find him if you want to do anything and your sister would need to find him if you cannot and she will need to get his signature. If not, the court's hands are tied because they cannot take away his property ownership rights.
I wish there was a better legal answer, but legally he has a property right and the US Constitution guarantees that property right will not be infringed upon, so you need to track him down or get a private investigator to do so and arrange to get him to sign a quit claim deed, even if you have to pay to buy out his share.

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