What to do if I received the house in our divorce and had1 year to get it in my name or sell it but it is still in my ex-husband’s name?

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What to do if I received the house in our divorce and had1 year to get it in my name or sell it but it is still in my ex-husband’s name?

I haven’t been able to afford the payments and want to sell. Problem is the mortgage is just in my ex-husband’s name and I need him to sign all papers with the real estate company or sign a quick claim deed so I can sell it. He won’t do either. How can I sell it without his signature?

Asked on September 8, 2011 under Family Law, West Virginia

Answers:

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

Answered 10 years ago | Contributor

This is such a common problem in divorces in one form of another.  But you can not transfer the house in the situation you are in at this point in time with out his help.  What you are going to have to do is to ask the court to order him to sign the documents.  That is a double edged sword, however, meaning that it is easier to ask the court to do that if you have a deal in place but potential buyers may shy away from the situation entirely.  Speak with a real estate broker about the matter.  See if the house is good to go and the sale will in fact over the mortgage.  Then seek to amend your divorce agreement to force him to sign the listing agreement and for the other terms you and your lawyer believe are fair in the situation.  Good luck.


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