How canI sell my house if my ex-wife’s name is still on the deedbut she refusesto take her name off in violation of a court order?

UPDATED: Feb 6, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 6, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How canI sell my house if my ex-wife’s name is still on the deedbut she refusesto take her name off in violation of a court order?

My ex-wife and I had a house that we bought together. We got divorced and she was ordered to sign papers sto take her name off of the deed of trust so that Icould sell it. I’m in the military and I have to move to another base in 4 months. She refuses to sign it and I can’t sell my house unless she does. I can’t afford another house unless I sell this one. I’m currently in Afghanistan and I am having a hard time taking care of all of this from here. I sent her the deed to sign several times but she says she won’t do it just to be spiteful. Is there any way to sell it without her signing?

Asked on February 6, 2011 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, unfortunately, she will have to sign.  Since you are deployed you may want to consider giving a family member that you trust a specific Power of Attorney to bring an action on your behalf against your ex wife for contempt of the court order and to force her to execute the agreement.  This is really the way to go.  She is in violation of the court order.  Judge's do not take kindly to litigants ignoring their orders. And the fact that you are in the military and deployed, well, that is just spiteful (but isn't that typical of divorce anyway?).  You may not need to hire an attorney to do this but it may not be a bad idea.  Good luck to you and be safe.  Thank you for serving our Country.  

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption