Getting your ex to sign mortgage papers

UPDATED: Jul 6, 2009

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Getting your ex to sign mortgage papers

I got the house in the divorce settlement but could not refinance to get my ex-wife’s name off of the loan so I am selling it. I have paid her off for her share of the equity in the settlement. Now that I have a buyer for the house she says she won’t sign unless she gets some of the profit from the sale. How do I get her to show up and sign or do I even have to being that it states it in the divorce papers?

Asked on July 6, 2009 under Family Law, Minnesota


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

Answered 13 years ago | Contributor

You're going to need to get a lawyer for this.  If you've honored the divorce agreement, she has to do the same.  It's a contract, and it's a court judgment, and most courts will enforce it.  Take her back to court, if necessary!

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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