Legal Question in Real Estate Law in Missouri

I want to sell home/spouse doesn't

What if anything can I do if my spouse and myself are going our seperate ways and he doesn't want to sell the house and I do. Can I legally ''get out'' without being responsible for the mortgage payment.

Asked on 6/07/08, 2:19 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: I want to sell home/spouse doesn't

If you are on the home loan the lender has no reason to simply release you from your obliation just because you and your spouse are going separate ways. If you are getting divorced, the Court may Order the property sold. In any event, your spouse can refinance and buy you out in which case you would not be liable for any debt secured by the property. If I were you I would consult with an attorney.

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Answered on 6/07/08, 5:11 pm

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