How to get my ex-spouse’s nameoff of title to my home if he cannot be located?

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How to get my ex-spouse’s nameoff of title to my home if he cannot be located?

My ex-husband cannot be located and has not paid on this home. I want to pay it off and get his name off the title.

Asked on February 23, 2011 under Real Estate Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

This may be a tough one.  Who was awarded the house in the divorce?  Were you?  If you were awarded the house then you may be able to pay it off and then go to court to have the deed transferred in to your name.  If, however, you were not awarded the house then you have a problem with, well, many things.  First, you can not transfer the deed without his signature or unless the court allows you too.  The first scenario I gave where you received the house in the divorce is where the court would order it.  Otherwise, t remains his and you have a set of for the money that you have spent for the mortgage, taxes, maintenance and upkeep. Seek legal help in your area.  Good luck.


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