Selling Home After Divorce
REM #F740
By Ilyce R. Glink
Summary: A ThinkGlink reader was divorced two years ago and would now like to sell his home. His ex-wife is still on the title and mortgage. Ilyce explains that, depending on the divorce settlement, he may have to file suit against his ex-wife.
Q: My ex-spouse and I have been divorced for over two years. She refuses to
sign a quit claim deed for her share of our marital home.
Is there anyway I can sell this house with her still listed as an owner on the title and the mortgage?
A: If the judge awarded you the house in your divorce agreement, then you need to figure out how to refinance the property into your own name and get your wife to quit claim the property to you at the closing. You may have to have the court force your ex-wife to transfer the title to the home to you.
If you were not awarded title to the home and you are interested in selling the home but you ex-spouse isn’t, you won’t be able to sell the house without suing your wife to force the sale of the home. You will need to talk to an attorney to discuss your options and what it would cost to proceed that way. You may find that route too expensive and may want to find an amicable way to work with your ex-spouse to have the home sold.
Again, a real estate attorney can provide you with details on these and other
options you may have.
NOTE: This column is distributed by Real Estate Matters Syndicate, PO Box 366, Glencoe, Illinois, 60022. This column may not be resold, reprinted, resyndicated or redistributed without written permission from the publisher.
Refinance Home When Using Quit Claim Deed
Ex-Husband Signs Quitclaim Deed
Divorce Leads To Property Dispute
Divorces Effect On Home Ownership
Appraising Home Before Divorce
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