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My husband just received 28 years federal prison time in the middle of our divorce. How can I take possession of the house and land now? The house is in foreclosure. My husband’s been gone since April 2013.
7 ANSWERS
Go to court and ask for possession of the house and land. You will have to buy it out of foreclosure.
Answered on Dec 20th, 2013 at 7:27 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Since the divorce is not finished, you can come to an agreement in the property division that you get the house. However, unless you are able to pull the house out of foreclosure by paying what is owed, there is no point to it. You also don't say whether the person who filed the petition listed how property should be divided. That could be significant if you have to get a default judgment to end the divorce.
Answered on Dec 20th, 2013 at 7:27 AM
File for divorce and get court orders to handle the property. Good luck
Answered on Dec 18th, 2013 at 10:28 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The court has authority to award the marital property as part of the divorce. I suggest you hire a lawyer.
Answered on Dec 18th, 2013 at 10:28 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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By finishing the divorce. Just because he is in prison doesn't mean the divorce stops. Talk with your attorney about the situation.
Answered on Dec 18th, 2013 at 10:28 AM
Are you working with the Bank. You may want to participate in a short sale so you can at least save a part of or all of your credit. Hopefully your husband signed what he needed to sign before he was sent to Prison. You can move forward and most likely get a default judgment so long as your husband does not contest the divorce.
Answered on Dec 18th, 2013 at 10:27 AM
Child Support Attorney serving Overland Park, KS
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Rosenak Family Law, LLC
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Since you are in the middle of a divorce, you need court orders to obtain possession of the marital house and land.
Answered on Dec 16th, 2013 at 7:25 PM