Palm Coast, FL asked in Real Estate Law and Foreclosure for Florida

Q: Am I able to initial sale of our house when i am only on the deed and not the mortgage?

Initiate the sale... I am seperated from my husband. Our home is in His Name mortgage and deed and mine is on the deed. The Mortgage is not being paid and I have moved out. Want to sell so it does not go into forclosure. He is on drugs and does not seem to be doing anything. What am I able to do in this situation?

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1 Lawyer Answer
Liu "Margaret" Yang
Liu "Margaret" Yang
  • Foreclosure Defense Lawyer
  • Plantation, FL
  • Licensed in Florida

A: Unfortunately, the deed is what controls who owns the property, and has a right to sell it. So all parties to the deed will have to agree. It is my understanding that a Realtor won't even entertain listing a property for sale without a signature from all the owners.

It may be time to consult a divorce lawyer about your options. If a foreclosure is filed, consult with a foreclosure defense attorney asap.

I wish you luck.

Barbara Billiot Stage agrees with this answer

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