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    rsangel48's Avatar
    rsangel48 Posts: 4, Reputation: 1
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    #1

    May 5, 2008, 01:39 PM
    Husband serving life sentence, wife wants to sell house
    I have a friend whose father is serving a life sentence in jail in Florida. His mother lives in Florida, but she is still a 6 hour drive from where her son lives. The husband has been in jail for 10 years, and will never be released, and the mother is having health problems. My friend wants to move her down here, closer to him, but they are unsure if they can sell the house without his fathers permission, and the father refuses to sign anything. Her health is failing rapidly, and she is dealing with a lot up there by herself. Can they sell the house without his permission? If not what can they do in order to sell the house? I don't see where they should need him to sign anything, as he hasn't been around for so long and he will never get out of jail. Please help, it is fast becoming a dire situation. Thank you.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    May 5, 2008, 02:04 PM
    If the deed to the house is in his name as well as his wife's name then you have to get something from him to sell the home regardless if he's getting out soon or never. Would suggest that he have a Power of Attorney made up and have his wife named as the person he designates as his power of attorney. He can get this made up in prison and have it notarized and send the original to you or to her in the mail. Then she can enter into any kind of legal negotiations with a realtor and legally sell the home. Without him giving her a Power of Attorney she can't do much.
    rsangel48's Avatar
    rsangel48 Posts: 4, Reputation: 1
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    #3

    May 5, 2008, 03:07 PM
    Quote Originally Posted by twinkiedooter
    If the deed to the house is in his name as well as his wife's name then you have to get something from him to sell the home regardless if he's getting out soon or never. Would suggest that he have a Power of Attorney made up and have his wife named as the person he designates as his power of attorney. He can get this made up in prison and have it notarized and send the original to you or to her in the mail. Then she can enter into any kind of legal negotiations with a realtor and legally sell the home. Without him giving her a Power of Attorney she can't do much.
    That is the problem. He refuses to do anything, he doesn't want her to sell the place even though he will never see it again. Do you know if she could sell it if she divorced him? Or shoul I ask that one in the criminal category?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 5, 2008, 03:16 PM
    If she files for divorce and if the divorce court gives her the home, then she could sell it.
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