House is in my name and not my ex-husband
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House is in my name and not my ex-husband
divorce decree states when house is sold he gets half – question is does he have
to sign/ok the sale
Asked on June 4, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If he is on the deed or title, then he must approve the sale as an owner. All owners must consent to a sale unless one of them goes to court for an order requiring the sale notwithstanding a lack of co-owner consent. (This is something the law allows one owner to do when the two or more owners of real estate cannot agree as to what to do with it--a court can order a sale and the division or distribution of the proceeds. This is traditinally called a legal action "for partition," though your state may have a different name for it.)
If the home is titled only in your name, then since you are no longer married, you do not need his approval or consent to sell; you just have to make sure you honor the terms of your decree and give him his half the proceeds.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If he is on the deed or title, then he must approve the sale as an owner. All owners must consent to a sale unless one of them goes to court for an order requiring the sale notwithstanding a lack of co-owner consent. (This is something the law allows one owner to do when the two or more owners of real estate cannot agree as to what to do with it--a court can order a sale and the division or distribution of the proceeds. This is traditinally called a legal action "for partition," though your state may have a different name for it.)
If the home is titled only in your name, then since you are no longer married, you do not need his approval or consent to sell; you just have to make sure you honor the terms of your decree and give him his half the proceeds.
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