How can i get my ex husbands name off my deed so i can sell my home

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How can i get my ex husbands name off my deed so i can sell my home

I want to get out of the town i live in
but my ex husbands name is on the deed
but doesnt pay property taxes or any
other responsibilities involving the
home abd hasnt lived in the house in
over a year

Asked on February 13, 2017 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't get it off the deed unless:
1) In a divorce decree or judgment, he was ordered to give up his interest (e.g. quitclaim it to you); if so and he has not, you could file a legal action to hold him in contempt of court (e.g. fine or imprison him) until he complies;
2) You purchase his interest from him; or
3) He otherwise voluntarily agrees to give up his interest. 
Otherwise, as someone on the deed, he is an owner of the property; you can't make an owner give up his interest or rights other than voluntarily (e.g. by buying it from him) except if he was ordered to or agreed to in a divorce.
What you can do if none of 1) - 3) above is practical is file a lawsuit for "partition": this is a legal action in which, when the owners of property are deadlocked as to what to do about it, one of them asks the court to issue an order that the property be sold and the proceeds, after paying costs of sale and paying off any mortgage(s) or lien(s), be distributed or split between the owners. This is the law's remedy for when the owners of property cannot agree on what to do. If you wish to pursue this option, consult with a real estate attorney.


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