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Updated over 13 years ago,
I need legal advice on a deal. Or any advice for that matter.
Found a seller here in Miami that bought a house in 1989 with her husband. They are no longer together, but still married. Her husband stopped helping her pay the mortgage in 2007 so she's been paying it alone ever since. In February this year her hours were cut at work so she hasn't made mortgage payments for 6 months. We made her an offer where we would pay off the mortgage and give her and her husband money on top of that. She agreed, but he wont sign the contract. She wants to sell the house to us before it gets foreclosed, but her husband is refusing to cooperate with her on anything, and doesn't care if it gets foreclosed. House ARV is $165k, it needs $15k in repairs, and the mortgage balance is only $64k. Is there anything she can do legally to sell the house unilaterally? Can she file for a partition action? Would a judge allow her to sell it, specially considering the adverse consequences she will have if she doesn't sell? Or is divorce her only option? My buyer is ready to close on this lady's house as soon as she can legally sell it. Any ideas are appreciated. Thanks