this situation is based on a personal experience. my dad is getting divorce. my stepmother (his xwife), has a lawyer and says she will force him to sell to get her share of the proceeds. she is not on the deed so can she do this? i was wondering if i could help him becaouse she is being vindictive. she is a drug addict and he already struggling to take care of their 4 children alone. the house needs work but has some equity in it. i was thinking of buying on sub2 the existing loan. buy allow him to stay and continue to pay mortgage. what do you think about helping family?
In many community property states the spouse has half interest and the court can force the sale. More often the decree states the spouse gets half but does not force the sale. A refi can be done to free up the other spouses interest.
He need a lawyer to rpresent his interests. Does he really want to stay-memories or does he move on with his life - ask Dr Phil.