Can an ex-wife sell a home without refinancing to get her ex-husband’s name off of the deed?

UPDATED: Sep 30, 2022

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Can an ex-wife sell a home without refinancing to get her ex-husband’s name off of the deed?

A friend got divorced and the wife was given the house in the divorce. She was told to refinance the home to remove the husband’s name but hasn’t done so. He has had credit problems when the payment wasn’t made and now the ex-wife is trying to sell the house with his name still on everything.

Asked on October 9, 2016 under Family Law, Wyoming


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If his name is still on the deed, she cannot legally sell the house without his consent; however, if she was given the house in the divorce, then he may need to legally consent to its sale in order to comply with the terms of his divorce--that is, he may have to do whatever is reasonably necessary in order to give her the house, and/or the equity therefrom.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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