Hey everyone, I’m kind of in limbo about moving forward with my divorce. I’ve tried bringing it up with my wife, but she gets super irrational and we can never get anywhere with it, so it’s all just on hold for now. But there’s something else I’m really stressed about. We bought our house in October 2020, and right before closing, I ended up in the hospital with pancreatitis. Turns out I’m also type 1 diabetic. I spent three weeks in the hospital, had to learn how to walk and eat again, but I made it through. The issue is, I couldn’t be at the signing, so my wife was assigned power of attorney. Now, I’m wondering if my signatures are even valid. The deed’s in our name, but there’s a bunch of other documents talking about arbitration, power of attorney, etc. My wife and her mom have been acting really shady—there was even a request for the payoff amount to the lender last year. I’m just worried they might try to sell the house without me knowing. Can they do that, especially since I wasn’t there to sign the papers? Any advice would be helpful! 
Wow, that’s a lot to go through. I’m sorry you’re dealing with all that. From what I know, your wife, as your power of attorney, can technically sign for you, but if she’s acting in her own interest or doing something shady, it could be considered a breach of her fiduciary duty. You might want to look into that, it could protect you down the road.
@Barbara
That’s a good point! If she’s acting in bad faith, she could be held liable. But yeah, sounds like you might need legal advice on whether those signatures hold up.
@Barbara
Exactly, I’m just scared they’ll do it behind my back. I don’t even want to think about dealing with it all, especially with everything else going on.
I know it’s a tough situation, but legally, the power of attorney should be acting in your best interests. If they’re not, that could be a serious problem, especially with the house. If she’s really trying to sell without you knowing, that’s sketchy. Have you thought about talking to a lawyer?
@Daniella
Definitely talk to a lawyer, ASAP. It’s your asset, and if they try to sell without you, that’s a mess.
I can’t imagine the stress you’re under right now. If you’re worried about the house being sold without you, maybe there’s a way to put some legal protections in place to stop that from happening, like a court order? I’m not sure, but it might be worth asking a lawyer.
@Sandra
Yeah, I’m thinking about getting a lawyer involved. It’s just hard to do that without making too much noise, you know? I don’t want her to catch on.
Hey, if you’re concerned about your POA signing documents without your full consent, maybe you can have the house’s title or property documents reviewed? You could see if any signatures are suspect. Might be worth checking if any fraud could be involved.
@Journey
I agree, looking at the property documents is a good start. If the signatures don’t line up or seem off, that could be a big red flag.
You’re definitely in a tough spot. But from what I understand, power of attorney doesn’t give her the right to sell the house without your consent, especially if it wasn’t agreed to. If she’s doing that, there might be a way to stop her. Have you looked into whether you could cancel the POA?
@Roux
I haven’t thought about canceling the POA, but that might be the best move. If I could stop her from having that power, it’d give me a bit more control, at least. Thanks for that suggestion!