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Maria Castillej
Jul 24, 2009, 03:56 PM
I have been separated from my husband since October 2006. Since then I have been paying the mortgage, taxes, associations and every expense related to the house that we bought in 1996.
I have asked him to buy his share in the property. He does not accept any of my 3 offers, speculating that the price will go up again. I have a power of attorney from him. Could I use this power of attorney and put my 19 year old son in the title? Stating that I am entitled to live in the house until I die.
I am responsible for the mortgage.
Please let me know. Thanks in advance.

excon
Jul 25, 2009, 07:32 AM
I am responsible for the mortage. please let me know. Hello Maria:

The very next legal maneuver you should undertake is a divorce. THAT will handle your real estate problems as well.

excon

AK lawyer
Jul 25, 2009, 12:12 PM
...
I have asked him to buy his share in the property.
You must mean that you have asked him to sell.


...
I have a power of attorney from him. could I use this power of attorney and put my 19 year old son in the title? stating that I am entitled to live in the house until I die.


You could, but your husband would then sue you and he would win. Take excon's advice.

ScottGem
Jul 25, 2009, 01:54 PM
I wouldn't use the POA to do anything he hasn't agreed to (why do you have a POA anyway?).

Fr_Chuck
Jul 25, 2009, 02:22 PM
You need to divorce him, and in divorce court, get a court order giving you the house, and using the court to force him to sell.

Maria Castillej
Jul 26, 2009, 06:58 PM
I wouldn't use the POA to do anything he hasn't agreed to (why do you have a POA anyway?).


Thanks a lot for your opinion. I have the POA because when we separate 3 years ago, we were "friends" now that I have asked him to sell his share. Our dialoge is very bad.
He does not agree to sell. Stating that I am manipulating the numbers. According to the most recent sales in my community. I fixed a price, deducted, everything what I have paid since October 2006. Repairs, Home Owners associations, pay off divided in 2. I have to pay him like 15k.
Thanks a lot for your comments.
Kindest regards,
Maria Castilleja