How can I short sale when my ex-husband doesn't. He won't quit claim the house to me.

Asked by Royal1, Sacramento, CA Thu Apr 16, 2009

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Get-smart, , Durham, NC
Sun Apr 26, 2009
If your husband isn't on the mortgage you still short sale your house however the short sale is worthless if your husband isn't going to sign the deed to transfer his interest to a new buyer. You might want to contact an investor that can put your house under contract since no lender will agree to a short sale without a buyer with a contract. Maybe an investor can get your husband to see that no one will get any money out of the deal which might put him at ease.
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blaison samu…, Agent, Santa Clara, CA
Thu Apr 16, 2009

This is a legal question for your divorce attorney. Here's my viewpoint, for doing short sale, your ex doesn't have to quit claim to you, all you have to do is his cooperation to work with you to sell your house. If he his willing to sign the listing documents and work with you to sell the house then contact an experienced short sale agent in your area to sell your house else you have to seek your lawyer's help to settle the selling of your house.
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Sue Archer R…, Agent, Palm Harbor, FL
Thu Apr 16, 2009
Quit claiming the house to you does not affect your loan commitments. If both of you are on the loan,then you both have an obligation, whether he transfers his rights of ownership or not.

Therefore I don't think this resolves your dilemma.

I would suggest that in a contentious situation where you may not be in agreement, getting full education on how it affects him personally is your best alternative. If he sees this will hurt himself, he's more likely to act to fix the situation. don't you think? Of course people aren't always rational in divorces but that's another topic.
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