John is right. You need a lawyer. Please note that most of the real estate licensees tyring to answer this question are not from Florida. A Florida licensee is prohibited by law from advising you on such a question.
Did you know you can remove a question you asked? You might want to delete this whole discussion.
Good luck, Mark
I absolutely agree that you need to consult an attorney in this matter.
Best of luck to you!
Prudential Florida Realty
First Weber Group
Certified Distressed Property Expert
to be exact - from Lawyer.com
Sometimes, an property owner wants to sell their property, set up a business or build a house on it. However, what if more than one person owns it? What if the other owner(s) don't want to sell the property or don't want anything built on the land? A partition action is brought to divide the property in individual shares among the owners.
A partition, or division, of property is voluntarily, if all owners agree to the division of property. However, if they don't, then a judge can order a partition of the property. This doesn't always work out in the best interest of each person.
Voluntary vs. Judicial
Co-tenants may voluntarily agree to partition their ownership rights and divide the property. Such agreements are generally enforced unless they adversely affect the rights of another person. If all owners don't agree to the partition, a lawsuit may be filed so that the courts will create a partition.
Unlike voluntary partition, court-ordered partition (or compulsory partition) is subject to numerous legal principles such as statutory limitations, laches (undue delay), and public policy. Similarly, the case is decided on various factors like rights, titles, and interest of the parties to the suit.
THERE ARE SOME VERY GOOD REASON WE SHOULD NOT ANSWER LEGAL QUESTIONS.
I hope you have found an attorney to handle this separation/divorce? If you are both on the loan and on title....she cannot do a loan modification without your signature. So either you signed it....or she forged your signature. You need protection....and you need it NOW. This is your credit too.....
Since the bank did the modification they may not be willing to do a shortsale. The Sellers have to qualify for a shortsale. You need to talk to the bank and find out what documents they need from you and your wife in order to qualify for the shortsale. I would be happy to provide a market evaluation if you both are willing to sell. You are not released from liability of the mortgage with a loan modification unless they put the loan in her name only.