Legal Question in Real Estate Law in Wisconsin

Seperated...can husband foreclose without my permission

My husband and I are seperated, both names are on morgage. He wants to foreclose without my consent. Can he do this, if he does will it affect my credit as well?


Asked on 3/13/08, 8:45 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Separated Husband in Foreclosure on Joint Residence

Assuming that this is a joint residence which you both own and that it is the bank who is foreclosing rather than your husband (due to non-payment of the mortgage); all one would need to do in order to stop the foreclosure is to pay the loan. Consent is not an issue. However, I do not know nearly enough to advise you and may have guessed wrong as to what is going on. There are also ramifications with regard to ever getting your money back if you do pay the loan. Please provide more detail, preferably via a private email if you want a more detailed response. If you were legally separated by a court, the court order stemming from that legal proceeding might provide some guidance as to the relative duties of the parties. Foreclosures are devastating as to one's credit.

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Answered on 3/13/08, 4:00 pm


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