Can my ex-husband sell the house if it was awarded to me in the divorce?
Question Details:
The loan is in his name; I make the payments. He has failed to pay alimony and child support.
I am a NY lawyer. The answer to your question is likely no. However, since I have not seen documents, it is impossible for me to be certain. However, the only person who can sell a house is the person whose name is on the deed to the house. If the deed is in his name, then he can convey marketible title. You may need to put a lis pendence on the property (a lien) to prevent the sale. If the deed was not transfered to your name becuase of the mortgage, this is something you need to straighten out. Get a refi on the house and transfer the title to yours as per the decree. Likely, the mortgage has a due on sale provision in it. You should consult a lawyer. Sharon M. Siegel, Esq. www.siegelandsiegel.com 212-721-5300.
