Q: Can a deserting spouse refuse to sign a home selling agreement (Because they don't like the offer price) ?
My daughter's husband is leaving her. She can't afford to make payments on the house or buy him out. She wants to sell the house for only the mortgage balance (plus closing costs) or have someone else assume the mortgage. If the husband refuses, what legal recompense does she have if any (1. if he stays in house , or 2. moves out of the house) ?
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A: Unfortunately none at the moment. She will need to file for divorce and obtain a court order as to either the transfer of the house into her name so she can sell it or an order selling the house.
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