can i sale my home that is in my name and ex's name if he is in prison?

Stacy Smith
Home Seller
Dover, DE

Answers (3)
Realtynovice
Both Buyer and Seller
Akron, OH

Your Ex? If you divorced him this should have been addressed in the property settlement. In any event, A court can order property to be sold and make the appropriate orders to enable the sale. See your attorney.

Thu Nov 13 2008, 17:10
Derek Joyner
Agent
Winston Salem, NC

You would have to check with your state. In North Carolina it takes 2 to sell, but only 1 to buy. So a wife or husband can go out and buy as much real estate as they want without the other. When it comes to selling it though they both have to agree. You would have to have a power of attorney. You may be able to go to the state and see if some how they will wave his ownership of the house. This is doughtful but maybe.

Thu Nov 13 2008, 17:03
Jacqueline Roark
Agent
Bear, DE
FIRST ANSWER

Hi Stacy,

If the deed is in you and your ex's name, the only way you can sell the home is if your ex gives you Power of Attorney to sell the property.

Web Reference: http://www.jroark.com
Thu Nov 13 2008, 14:18

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