Would like to know my rights to property that I own with ex-husband?

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Would like to know my rights to property that I own with ex-husband?

I left the home 4 years ago and in the divorce decree it states that my ex would be responsible for all payments associated with the property until we mutually decided to sell the house (he currently lives there with his new wife and a renter, although my name is still on the house and mortgage). We have touched base about the house a couple of times and both agreed that we shouldn’t sell until the market picks up. He was supposed to contact me back 8 months ago to discuss again and now just 2 weeks ago I received an email that he is ready to sell because he purchased a new house. Do I have a say at all in this matter?

Asked on August 24, 2011 Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you have a say in the decision to sell the home that you have an ownership interest in as clearly stated in your marital dissolution decree.

Even though your former husband may want to sell the home that both of you have an interest in and may have signed a listing agreement with a real estate brokerage firm to list it for sale, its sale cannot be completed until you: 1. sign an offer to purchase by a buyer, and 2. sign a grant deed transferring the title to the home out of your and your former husband's names to the buyer.

It sounds like you and your former husband need to have a serious discussion as to both of your desires and intent concerning this asset.

Good luck.


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