Legal Question in Real Estate Law in California

Husband mentally incompetent

I am going through a divorce with my husband of 11yrs. We have put the house up for sale and have found a buyer. My husband is an alcoholic and most of the time he is either drunk or asleep. Neither one of us will get anything out of the house, I just want to be able to walk away without owing anything. My problem is my husband is giving me a hard time with signing the papers for the sale of the house. Even though he signed the papers to put the house up for sale. If we don't sell the house it will go into forclosure anyway, but it would look better on our credit if we sold it. Is there anything I can do without getting his signiture on the papers? His name is on the house along with mine.


Asked on 2/04/08, 4:05 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Husband mentally incompetent

File an OSC with a request for a temporary order that the house be sold and that if necessary the court clerk can sign for your husband. Also request an order shortening time for the service and the time for the hearing. The fact that the house will be lost in a foreclosure will help influence the court in granting the motion. Stress that although there may not be any cash, your credit has value.

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Answered on 2/10/08, 5:49 pm


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