Legal Question in Real Estate Law in Arizona
selling my home
I am a co-owner of a home with my
ex-husband. Both of our names are
on the deed but his name is on the
1st mortgage, both of our names
are on the 2nd mortgage. Can I hire
an Agent to put this house on the
market without his signature? He
also still owes me $7000.00 loan I
covered for him for his share of the
down payment that he was not
able to come up with when he sold
his last home. He signed a promissory note at the time of
closing.
1 Answer from Attorneys
Re: selling my home
A broker should not accept a listing from you without your exhusband's signature as well. He has to be in agreement to sell the house and sign the deed to the new buyer. You should try to get him to quit claim his interest in the house to you, in exchange for his debt (and cancel his note), then you can deal with the house anyway that you desire.
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