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.