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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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