Joint deed

UPDATED: Oct 1, 2022

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Joint deed

My ex-husband refuses to sign paperwork to remove him from the deed. This was the agreement in the divorce paperwork. Does he have to be removed in order for me to sell my home?

Asked on September 28, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Yes, you need him to be removed from the deed: a home cannot be sold without the consent of all owners, and if you sell it while he is on the deed, he would have a claim for his share, as owner, of the proceeds.
2) If you have a divorce agreement or order which requires him to sell it, you can enforce that in court: you can bring a legal action in family court in which the judge orders him to comply on pain of sanctions/punishment, such as fines or possibly (in some cases) imprisonment for contempt of court. It is advised that you consult with a family law attorney about doing this; if you cannot afford an attorney, contact the clerk's office in the county family court and inquire into what you would file (e.g. a motion) to enforce your divorce paperwork.

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.

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