UPDATED: Oct 1, 2022
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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.
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