Legal Question in Real Estate Law in New Jersey
My ex husband did not show up at court for our divorce and the judge stipulated that the plaintiff (me) has a limited power of attorney to sell and list the property we own together - house? Just exactly what does that mean - limited power of attorney -
3 Answers from Attorneys
It means you have the power to sign a contract to sell the entire property, including his interest in it and to sign a deed conveying his interest, and yours, in the property. You will remain accountable for the proceeds, and that is where you (and your lawyer) should focus your attention, since you don't need to have him come back and sue you for the proceeds of the sale.
Your divorce attorney should answer this question for you. If he/she does not instantly and clearly answer that question then please fire that lawyer and hire someone who is competent and who answers your questions.
If you do not have a divorce attorney, and you are trying to get a divorce and sell a house without a lawyer, you are going to have problems.
You need to be able to take action accurately and rapidly. A good lawyer will do that for you.
I have not read any written decision, but from what you have provided, Kevin's response seems correct; you can list and sell the house, but have responsibility to account for the sale's proceeds. Be aware that the Buyer's title company may require an actual signature from your ex-husband to complete the closing.
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