since she is trying to sell it behind my back the deed is still in both names the house is in the state of Florida
2006-09-11 03:04:40 · 16 answers · asked by RT 1 in Home & Garden ➔ Other - Home & Garden
She shouldn't be able to sale it with out your permission, your signature, was anything said about it in your divorce?You might want to call and speak to a attorney regarding this issue, most attorneys don't charge anything for a consultation..
2006-09-11 03:14:47 · answer #1 · answered by bllnickie 6 · 0⤊ 0⤋
Check with the bank, but if the title is still in both names I do not believe she has a legal right to sell the house without your consent.
The only way you could have been taken off the title, per my understanding, is a quit claim deed that would have either involved your signature or a death certificate.
You would not be able to put a lien on the house, however.
2006-09-11 03:07:16 · answer #2 · answered by Stumpy 4 · 0⤊ 0⤋
Check in your divorce decree to see if it remained a joint property or the terms of selling it. Usually divorces split up property, or give the primary rights to one person or the other. If you don't want the house sold, you can:
1. write her a certified letter making your request known.
2. check with your lawyer what legal rights she and you have about the property, or
3. take out a newspaper ad in the area of where the house is being sold, saying that she can't sell the house without your permission which would discourage buyers from looking at it.
4. Buy her out.
If you don't want the house, I agree with the last person, and letting her do all the hard work, sign the deed, and wait for your check.
2006-09-11 03:22:15 · answer #3 · answered by ht_butterfly27 4 · 0⤊ 0⤋
Was the home awarded to both of you in the dissolution? If so, follow the directions stated within your decree. It should say how much each of you are to receive from the sale of the home.
If the decree contains ambiguous language in regards to the home you should talk to your attorney and get it straightened out immediately.
It would be unusual for a Judge to award a home to both parties in the process of a divorce. She must have been given ownership of the home with directions to give you a percentage of the equity when the home is sold. Or, she could have been ordered to pay you a predetermined amount of equity within a certain time period.
Good Luck!
2006-09-11 03:16:59 · answer #4 · answered by Lodiju 3 · 0⤊ 0⤋
Doesn't matter what state. Sooner or later she will have to approach you for your signature, unless you signed it over in the divorce decree. If you did you have only yourself to blame; if the judge awarded the ownership of the house to her, he would have issued a Judge's Deed to her, and you'd be last year's news. If the title is still in both your names, recruit a good real estate lawyer and go for the money. Have her make it worth your signing-off. Go to Florida for the closing if you have to. B.
2006-09-11 03:16:15 · answer #5 · answered by Brian M 5 · 0⤊ 0⤋
I have had a similar situation. My ex-wife got the house. She had my name taken off the deed by using the divorce papers. She can sell it now. I wish she would,,,,my name is still on the mortgage note. Whenever she is late,,, it goes on my credit and I'm getting screwed. She now has the property rented out and the payments have been on time. It's too late now, my credit score is "0".
2006-09-11 03:50:25 · answer #6 · answered by bugear001 6 · 0⤊ 0⤋
She cannot sell the house without having the approval of BOTH of you.. that is that... Do you have a mortgage on the house? If so.. and just as a precautionary measure, I would notify the mortgage company that she is trying to sell the house on her own even though legally she cannot.
Who pays the mortgage payments? This could be a sticky point
Have you tried to buy her out?
2006-09-11 03:12:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
She can try to sell it but she can't . No bank is going to loan money to anyone to buy it if you are not in agreement to sell. Okay, if your name is on the deed she cannot sell it legally with out your signature, I don't care what state you live in. It is called theft. and she can be proscecuted for it if she does it and lies to the buyers about it They will have her arrested and charged with fraud and theft.
She just can't do it man, so stop stressing out about it, let her do her thing and work her fanny off. Then just laugh at her for all her bully tactics. But then again if she gets a good offer you get half of the profit. and she is your x so let her do all the selling and hard stuff and you just cash your half of the check.
2006-09-11 03:11:26 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She cannot legally sell the house by herself. If your and her name both were on the deed granting the property to you, BOTH of you must sign another deed granting the property to whomever buys it. Any title company will tell her that when they do a title run on the property. As long as you didn't sign the property over to her when you divorced, it is still half yours.
2006-09-11 03:13:43 · answer #9 · answered by Designchc 3 · 0⤊ 0⤋
You said x so check the agreement when you parted. She may have all rites to the house. Too many times people get divorced and don't know what is in the agreement. If you don't understand it then go to a lawyer and have him explain it to you. If she has been living in it then most likely she does own it. In any case you will need an attorney for this one.
2006-09-11 03:29:53 · answer #10 · answered by Anonymous · 0⤊ 0⤋
even if she gets a real estate company to list it, trust me, a closing company WILL NOT close without both sellers present or without a notarized signature from you if you are for some reason not able to be present. and then the check will be made out to both of you anyway.
call the listing agent and make them aware that you are still on the deed.
also call an attorney for legal action if necessary.
GOOD LUCK !
2006-09-11 03:18:57 · answer #11 · answered by KAREN A 4 · 0⤊ 0⤋