Divorced by publication, need to remove her name from the deed on the house.

I was divorced over a year ago, by publication as she could not be found (evicted from her apartment and no forwarding address), while living in Oklahoma. We own a home in Wichita, KS that was granted to me in the decree.I now live and work in NE Kansas and want to sell the home but it is listed, both on the mortage and deed, as my name AND hers (not AND/OR). What do I need to do to get her name off the deed?

Asked on July 2, 2009 under Real Estate Law, Kansas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The specifics of divorce and property law and procedure differ from one state to another, and I don't practice in Kansas.  For reliable advice, based on all of the facts of your case, you should talk to a lawyer in your area.

In most states, there would be a way to petition the court for the authority to sign your ex-wife's name to a deed, from the two of you, to you alone.  Typically, the court order you would get would then be filed with the deed.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The specifics of divorce and property law and procedure differ from one state to another, and I don't practice in Kansas.  For reliable advice, based on all of the facts of your case, you should talk to a lawyer in your area.

In most states, there would be a way to petition the court for the authority to sign your ex-wife's name to a deed, from the two of you, to you alone.  Typically, the court order you would get would then be filed with the deed.


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