Q: There is a man I know who became disabled and his wife withdrew all their savings and left him. He wants to sell their house since he needs the money, but she is the co-owner and won’t agree to sell. Is there anything he can do, so he can sell the house?
A: Your friend needs to contact a divorce attorney immediately. He won’t be able to sell the property if she doesn’t agree unless he files a lawsuit. Since she withdrew marital assets and left, it’s seems clear that she isn’t interested in being in this relationship. So, he should hire an attorney. He and the attorney can then approach the wife and discuss the divorce and the settlement of assets. The attorney can also get her to agree that the money she withdrew was her share of the marital assets and was her payment (or a partial payment) on the division of all the assets.
Filing for divorce will give your friend a more level playing field with his wife. Which is what he needs at the moment.
May 21, 2009