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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7067
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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my husband and I are getting a divorce the problem is he wants

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my husband and I are getting a divorce the problem is he wants the loan put in my name I do not have the income to get a loan for that amount nor is the house worth what we owe I can afford to pay the loan and currently am. I want to know what can I do will the bank let him short sell it if the payments are current? also what kind of wrench does this throw in the mix my mom gave us the property her sewer is on the back of the property can I even sell it? of course I do not want to sell it but I need a way to keep my kids in there home. please help
Hello and thank you for your question. Are both of your names on the title to the property?
Customer: replied 4 years ago.

yes both are

Then the bank will NOT agree to a short sale if the loan is being paid. Have you already filed for divorce?
Customer: replied 4 years ago.

yes I have already filed and my attorney does not know the law about property what part does the sewer on my property play?

what part does the sewer on my property play? Is the sewer used by adjoining properties? Is your concern with regard to selling your property?

Customer: replied 4 years ago.

it is there because I wanted to live next to my mom and she was willing to give it to me and it was free her field tile is on the back third of my property my sewer is closer up to my house we did not tell the mortgage company but did tell the builder the builder said just shut up about it if you want the land my husband and I both knew it was there but unfortunately he became mentally ill five years ago and recently beat me up so I had to get rid of him now he tells me I want you to have to live next door at your moms and look at what you lost everyday

Unfortunately for him you are on title so you do NOT need to move anywhere. As long as you can pay the mortgage the bank will not foreclose or agree to a short sale. Your husband has no leverage with regard to the sewer matter.
Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

I was hoping I would have leverage with the sewer matter to help me keep it

I apologize if I my response caused confusion. The sewer is on land that you own that your mother gave you, is that correct?
Customer: replied 4 years ago.

yes it is


I am sorry, the sewer would not be leverage for either party as the sewer belongs to the land.
Good luck. Please feel free to come back to this question at any time with any follow up questions that you may have with regard to this matter.

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