Legal Question in Real Estate Law in New Hampshire
2Ex making real estate decisions without my signature
My ex and I are selling a house. Currently he is only on the mortgage and lives in the house. I live in another state. However my name remains on the deed to the house. Per our divorce he is not legally allowed to make any decisions without my signature. He recently changed real estate agents, dropped the price below the mortgage and is listing it as a short sale without consulting me. I contacted the new listing agent and informed them that legally they do not have the right to list without my consent as my name is on the title. The agent told me that since I was not her client that she would not discuss the details of the listing with me. I advised her that I would be taking legal action.
1 Answer from Attorneys
Re: 2Ex making real estate decisions without my signature
It would seem appropriate for you to send written notice of your claim to the real estate agent. I agree that you should probably take legal action and that it might be appropriate to re-open the divorce case. Perhaps you should consult with the attorney who handled your divorce.
In any event, these are difficult times and the sale of a house can raise lots of issues. Meeting with an attorney would be well advised.
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