If I own a house with my ex-wife, how do I get her to co-operate with a sale?

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If I own a house with my ex-wife, how do I get her to co-operate with a sale?

We are both on the mortgage. She has lived in the house since our divorce 3 years ago. She has recently moved out and is behind on the payments so the property is heading toward foreclosure. I need to list or short sale the house but she won’t provide any information or sign any documents for the realtor, mortgage company or short sale company. What are my options in obtaining this information and cooperation from her?

Asked on January 2, 2013 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ordinarily the marital settlement agreement sets forth the terms and conditions with respect to occupation and payments on the marital home between you and the "ex". As such, I suggest that you carefully read the marital settlement agreement as a start. If the "ex" refuses to cooperate with the sale of the home you will need to file a petition with the court seeking an order that the home be sold and the "ex" to sign all necessary documents.

I suggest that you consult with a family law attorney to further assist you in the matter.

 


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