Ex-wife can’t sell house without previous spouse’s signature

Q. I obtained divorced about fifteen years back. My divorce proceedings agreement states my ex-husband is always to get 35 per cent of this proceeds that are net the purchase of your home we owned. I’ve been making all of the re re re payments from the household but since far he is still on the title as I know. I happened to be likely to offer the home when my earliest switched 18 but he had been perhaps not around and I also simply stayed.

We have actuallyn’t seen my ex in significantly more than a decade. No contact has been had by him with your kiddies for the reason that time. He additionally owes me significantly more than $70,000 in youngster help. We have perhaps not experimented with gather it because 1), I’ve no clue where he’s and 2), also if i did so, it really is well worth the cash to possess him away from our everyday lives.

I’m now thinking about attempting to sell your house. I’ve talked to a few solicitors and additionally they both explained i am going to require my ex’s signature from the documents that are closing.

So, i’ve two concerns. One, how do you offer the house I use his share of the money from the sale to pay me the child support he owes me if I can’t find my ex; and two, how can?

A. First, I would personally consult your breakup lawyer to find out in case your ex executed a quitclaim deed included in the breakup settlement. Whenever a house owned by divorcing events will be offered at a date that is future solicitors usually assert the non-occupying party perform a quitclaim deed in order to prevent the specific situation at this point you end up in. Frequently that deed is held by one of many attorneys if and until required. I’d additionally consult your real-estate lawyer to figure out whom, in reality, is in title to your home.

In the event that ex would not perform a quitclaim deed in which he continues to be in name, your relief will be based in the court that entered your divorce proceedings judgment. Continue reading