QUESTION

Can my wife hold up the sale of our house if her name is not on the mortgage or deed?

Asked on Mar 15th, 2013 on Divorce - Florida
More details to this question:
I live in Massachusetts and my wife and I are divorcing. Out marriage broke down 6 months ago and she moved out. I have always paid the mortgage and expenses and continue to do so now that we have decided to divorce. I was fortunate to find a buyer for my home and have secured a closing date. I was surprised when my wife served me with divorce summons a day before our closing. When I called her alarmed, she agreed to cancell the summons, but that we both would need to appear before the specific judge who signed the summons. We won't be able to appear before the judge before the planned closing of the house. My question is whether or not the original summons can cause the closing to stop.
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1 ANSWER

Alimony Attorney serving Key West, FL at Sheri Smallwood Chartered
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The best person to talk with about the situation is your closing agent. It is the title company which is most interested in this sort of thing and they will have their own rules and policies/standards. Regardless of what any court or lawyer may say or think, if the title company is not willing to go forward with the closing, the closing is not going to happen.
Answered on Mar 15th, 2013 at 3:11 PM

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