Hello, Edith: I want you to know that this letter has nothing to do with tax problems. Edith, I don't know what to do.

First of all, I'm incarcerated, and I have been for the last year.

The reason is my husband was sleeping around with another woman, and I walked in on them at our home and lost it with a golf club, leaving my husband with 10 stitches in his head. And my best friend, whom he was sleeping with, was left with eight across her eye.

His parents have full custody of my kids, and I have not heard from them in four months. Now he wants to sell our house. Can he do that if I don't agree? — M. H.

Answer: You didn't tell me what state the house is in or whose name(s) appear(s) on the deed. Those things could make a difference.

If the house belongs to him alone, he has what is — oddly enough — known as ownership in severalty. He can do what he likes with it.

If you were married when you bought the house, you probably own it as tenants by the entirety. That's common for married couples in about half the states. In that case, one spouse cannot sell without the signature of the other.

Nine states recognize the concept of community property. There, if you were married when the house was bought, then even if one of you bought the house alone, both of you must agree to sell.

In either of those last situations, though, your husband could go to court and ask it to order a sale, probably with equal division of the proceeds. A court-ordered sale for all cash can take place at a public auction that seldom yields full market value. A lawyer once told me, "It's like foreclosing on yourself."

Another thing I don't know is what access you have to legal assistance, so that's about as far as I can go. Nor do I know when you're getting out — but when you do, you may want to stay away from golf.

New Request

Dear Ms. Lank: The tax information you provided was very helpful. Now would you please send me everything you know about electric scooters. Thank you. — Unsigned

Answer: Mostly what I know is that mine is great and it takes me around the house just fine.

FSBO

Dear Edith: We want to sell our house without using a broker. I think you call it being a FSOB. Please send all information. — L. H.

Answer: In my state, beginner real estate agents must complete 75 classroom hours and pass a state exam before they're allowed to assist home sellers, and even then, it must be under the close, personal supervision of an experienced broker.

So if you're going to go it alone, you'll do well to start by studying. I suggest you start at the library. Ask for help locating some beginners' real estate textbooks, and then buckle down and study.

And by the way, I think what you meant was not FSOB but FSBO — "fizz-bow" — for sale by owner.

When to Divest

Dear Edith: I am 73 years old. When should I give my house and all my property to my children? Thank you. — E. R.

Answer: For some people, the answer might be right now.

For others, it would be never.

Or it might be somewhere in between.

The answer depends on your financial situation, the size of your estate, gift taxes, your relationship with your children, their situations, your health and lots of other factors. At any rate, if you have a small estate and expect to qualify for Medicaid help, understand that there is a five-year look-back period, and assets you've given away during that time will be considered, more or less, as if you still owned them, and you will receive a coverage penalty.

And if you have a larger estate, I'd suggest getting your guidance from a lawyer or CPA who specializes in estate planning.

Integrated Partnerships

Dear Mr. (sic) Lank:

I saw an article recently in the paper about negligence, and I can't find it. It was about when an attorney takes his fee percentage. Does he take it off the top or after the medical expense not reimbursed by insurance? If I have the wrong paper, would you please respond to the question anyway?

Also, could you inform me of the value of Integrated Resources Partnerships? I have five units. Should I hold them or sell? — Anonymous

Answer: Yes.

Contact Edith Lank at www.askedith.com, at edithlank@aol.com or at 240 Hemingway Drive, Rochester NY 14620.

Photo credit: at Pixabay