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    Maria Castillej's Avatar
    Maria Castillej Posts: 2, Reputation: 1
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    #1

    Jul 24, 2009, 03:56 PM
    Title transfer
    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's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Jul 25, 2009, 07:32 AM
    Quote Originally Posted by Maria Castillej View Post
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 25, 2009, 12:12 PM
    Quote Originally Posted by Maria Castillej View Post
    ...
    I have asked him to buy his share in the property.
    You must mean that you have asked him to sell.

    Quote Originally Posted by Maria Castillej View Post
    ...
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    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's Avatar
    Maria Castillej Posts: 2, Reputation: 1
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    #6

    Jul 26, 2009, 06:58 PM
    Quote Originally Posted by ScottGem View Post
    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
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