WITHOUT CO-OWNER'S SIGNATURE, HOME CAN'T BE SOLD

DEAR BOB: My son's wife deserted him and their two daughters over a year ago. She pays her $400 half of the mortgage and is now living in the same county with another man, but is incommunicado with her address and phone unknown. My son cannot keep up with the home expenses and I have assisted him. But Realtors will not accept a listing for the sale of the house without her cooperation. Can he get a court order to force her to agree to a sale of the $350,000 residence, which has a mortgage of about $90,000? --Paul R.

DEAR PAUL: Presuming there has been no divorce or legal separation agreement, and both spouse's names are on the title, your son's legal recourse is a partition lawsuit to force the sale of the house. He should consult a real estate attorney to be certain the wife is properly served with a summons and complaint.

(For more information on Bob Bruss publications, visit his
Real Estate Center).

Copyright 2006 Inman News