ex spouse refuses to sign warranty deed after signed divorce decree giving me 100 percent ownership

UPDATED: Oct 2, 2022

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ex spouse refuses to sign warranty deed after signed divorce decree giving me 100 percent ownership

My ex spouse refuses to sign warranty deed after signing divorce decree giving me 100 percent ownership. Also my lawyer drop the ball by not having him sign this prior to signing the divorce decree. Now that I am selling my home, he will not sign it unless he has 25 of profit from home sale. What do we do now? When I reached out to my lawyer she I get the run around and she is not helping at all.

Asked on October 10, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there was a divorce settlement or decree requiring your spouse to do this, you can bring a legal action (either file a "breach of contract" case for his failure to honor the settlement, which is a contract; or file a motion in your divorce case for an order enforcing the decree) to force him to comply. Your attorney should know how to do this, or if disatisfied with your attorney, retain a new one.
But if there was nothing in a settlement or decree requiring him to transfer full ownershp to you, he does not have to, so if this was omitted from your divorce, you will need to work it out with him.

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