What steps need to be taken to sell my house so that my ex-wife would not be responsible for any profit or loss from a sale?

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What steps need to be taken to sell my house so that my ex-wife would not be responsible for any profit or loss from a sale?

My ex-wife and I own a house together and I currently live in the house with my new wife. We have been responsible for all payments, upkeep, etc. on the house. We are now looking to sell but want to be sure that if there is any profit from the house that it comes to us. This would also be the case if there were any loss. Would a quit claim deed be sufficient for this or would there need to be an addendum to the divorce papers? We originally were splitting the mortgage while we were trying to sell the home which never occurred so the original documentation states that we would both be responsible until the sale of the house. In the meantime there was an addendum in which my ex-wife gave me all interest in the house for tax purposes. I guess that I’m just not sure which route that I should take so that we can sell the house and be solely responsible for all steps in selling the house.

Asked on June 18, 2012 under Family Law, New York

Answers:

david slater / david p.slater, esq.

Answered 8 years ago | Contributor

Since she is still listed on the deed, she is an owne and you would need her conset to sell. Have her sign a quit claim deed, giving you her interest.


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