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magnificent2323 · Mar 30, 2011, 11:08 AM

My wife took all the money from the sale of my home, after I told not to sell the home. She gave the buyer an extension without my permission. The buyer did not qualified for the first closing, so I told her to keep the
$ 20,000.00 down payment. She did not follow my advice at all, and when I came home from work all my stuff was gone.The buyer live in the home for four years, and sold the home for a $ 200,000.00 profit on it. I believe that I was difrauted by my wife. What can I do now?

AK lawyer · Mar 30, 2011, 11:18 AM

Originally Posted by magnificent2323

My wife took all the money from the sale of my home, after I told not to sell the home. She gave the buyer an extension without my permission. The buyer did not qualified for the first closing, so I told her to keep the
$ 20,000.00 down payment. She did not follow my advice at all, and when I came home from work all my stuff was gone.The buyer live in the home for four years, and sold the home for a $ 200,000.00 profit on it. i believe that I was difrauted by my wife. What can I do now?

And why have you been sitting around doing nothing about it for four years?

If the house was owned jointly with your wife, she probably had the right to do what she did. Either that, or you may have given her a power of attorney. I suspect something of that nature, or the buyer's title company wouldn't have been able to close the transaction.

Are you still married to the woman?

What can you do? Consult with an attorney in your jurisdiction, of course.

Timothyandtina · Jul 23, 2012, 10:06 AM

I own 78.5% of a house and my mother owns 21.5% of it, do I have the power of attorney and can I sell it without her permission?

ebaines · Jul 23, 2012, 10:52 AM

We don't know if you have a power of attorney document or not - you have to tell us.

If you're asking whether joint ownership gives you the right to sell the house the answer is: sort of. Here's why - since you own unequal shares this tells me that the property is titled as "tenants in common," which means you each individually own your fractional share of the property and can transfer your piece as you wish. So it's possible for you to sell your 78.5% share while your mother continues to retain her share. But from a practical perspective you proably won't find too many people willing to buy a fraction of a house. An alternative is to have the court order a "partition," in which either the property is physcially divided according to the fractional ownership or, if that's impossible, it may order a sale and division of the proceeds by ownership share. So in the end it is possible to sell without her permission, but it requires the courts to make it happen.