Should My Sister Divorce the Husband that is in Jail Because He Tried to Murder Her?

Full Question:

My brother and sister-in-law are currently legally separated. My brother is now serving 11 yrs in prison for attempted murder of his wife. She asked my advice on how she could get the house sold before the bank decides to foreclose & whether she needs to find out who might be handling his affairs (if anyone, as he foolishly represented himself in court). I told her to just divorce him and ask for 'everything'. What do you think?
10/06/2009   |   Category: Divorce   |   State: Oregon   |   #18970


The best course of action will depend on all the facts involved, such as whether there are children, the nature of the mortgage, and the assets and debts involved. A divorce is meant to be a final resolution and dissolution of the marriage, so that the parties are free to live their own lives and move forward in different directions. A divorce will settle issues of property division of assets and debts, child custody and support, and spousal support. Colorado is an equitable distrution state, which means the court has discretion not to divide marital assets and debts equally. Spousal support may also consider equitable factors, so it is quite possible that the murder attempt will be a factor in the court's determination.

If the husband in named as a joint tenant on the house, his signature will be needed to transfer the property. In some cases, a sale will trigger an acceleration clause with the lender. Most lenders require that the mortgage or deed of trust contain a due on sale clause. This is an acceleration clause in a loan, calling for payment of the entire principal balance in full, triggered by the transfer or sale of a property. Such a clause permits a secured mortgage lender (federal, state or private) to call the entire unpaid loan balance due and payable immediately if the property securing the loan is sold, transferred, traded, gifted or otherwise disposed of without the lender’s prior written consent.

Please see the information at the following links for further discussion:

A power of attorney is a document commonly used to appoint an agent to act on a person's behalf when that person (principal) is unable to act in his own behalf. A power of attorney is typically not filed as part of public record, althouhg it may sometimes be recorded in the land recorder's office in the county where affected property lies.