I need legal advice on a deal. Or any advice for that matter.

[Ivan Ramirez]

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

[William D.]

You got a long road ahead of you if you haven't even started a partition action. Generally, the judge can craft two different types of orders (1) he can order a forced sale; or (2) an order conveying title. There are different ways that title can be conveyed aside from a deed (a court order is one of them). Obviously your seller will want the latter of the two remedies. But, given the equity in the property it is unlikely that a judge will just strip the husband of his interest in the property. To do this you will have to show years of payments made solely by the wife, along with maintenance records, etc.

As for the first option of the forced sale, the property will be sold by a third party at an auction (probably resembling something to a sheriff's sale or foreclosure auction). Your buyer can obviously bid here but this will be done along with the general public (and the lender).

I would walk away from the deal if I were in your buyer's shoes. It will be an expensive and uphill battle for your seller if she cant get a deed through negotiation from her husband and is relying on the judicial system.