The answer is yes and no. You cannot sell anyone else's property without their permission, even if the home is in foreclosure, except without court approval. Basically simply because your house in foreclosure, does not allow you to sign off on selling someone else's interest in property based on the fact that the house will be lost to the bank if nothing occurs, even if you have a way to fix the situation. In this situation since you are going to a divorce, the best solution would be to file a motion with the FAMILY COURT which would deal with the situation. But do not just attempt to sign off on the other person's name, simply because their being difficult in a divorce.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Apr 16th, 2014 at 12:33 PM