Asked in Foreclosure, Real Estate Law and Divorce for Tennessee

Q: Can my spouse stop the sale of my house when the alternative is foreclosure?

I have owned my house for around 12 years, my husband has lived there since we married less than 5 years ago. l am the only one on the deed and mortgage. The house is in pre-foreclosure, but I have found a potential buyer who is offering enough to cover the balance. Husband is aware of the financial situation with the house. I am worried he may refuse to cooperate with the sale out of spite, in order to force me into foreclosure. What are my options? Are there any negative consequences for him if he does this?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: As long as you are alive He has no legal interest in the property except his possession. His signature is not required to transfer the home, but many places will want him to sign anyway to satisfy Title Insurance Policies. The purchaser may have to file a Detainer Warrant on him, and he may know this.

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