House and marriage were in the state of Texas, divorce was done by self, divorce has been final since may or june of 2004. I am remarried now and want to sell house, but ex's name is on title and mortgage. Her name has changed as she has remarried over a year ago.
2006-12-15 06:55:38 · 8 answers · asked by SammieH 1 in Family & Relationships ➔ Marriage & Divorce
it's weird that the house wasn't apart of the divorce.
i'd ask a judge. Maybe you can just sign her name??? Or write her and ask her if she will send a notorized paper saying she has no interest in the house or anything what so ever to do with anything she left 3 years ago.
2006-12-15 07:00:55 · answer #1 · answered by peggin_beast 6 · 0⤊ 1⤋
How in the whole wide world did something like a House get overlooked in the divorce settlement? Who continued to pay the mortgage? Presumably you, since you have physical possession of the house. One way or another, since her name is still on the title and mortgage you will not be able to sell the house because on paper you don't exclusively own it. You are going to have to either get her to sign a Quit Claim on the property (which I can't see her doing, unless she and her present husband are financially very comfortable and just don't want to mess with it.) or communicate your wishes to her, and get her to sign a selling agreement under the condition that she receives half the proceeds from the eventual sale.
2006-12-15 07:18:57 · answer #2 · answered by sharmel 6 · 1⤊ 0⤋
Am note really sure what the law states in Texas so best advice would be to contact your local legal aid assoc and see what they say or advise. The problem lies in both names on title after divorce. Every state is different. If legal aid cant help,then contact nearest university with legal dept for a paralegal or senior law student. Good luck and Merry Christmas
2006-12-15 07:05:36 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
Yes, your ex does have rights to the equity in the home. These are things your Divorce Attorney would have been able to assist you with had you used one rather than attempting to do it on your own without educated legal council. You reap what you sew...Talk to a Real Estate Lawyer before you do anything else.
2006-12-15 07:11:25 · answer #4 · answered by ? 6 · 0⤊ 0⤋
How did you miss the house during the divorce proceedings? That is a big one. You will have to check with the court. There is a chance that you will have to share the profit with your ex-wife, since she did not agree to give up the house.
Take care,
Troy
2006-12-15 07:21:02 · answer #5 · answered by tiuliucci 6 · 0⤊ 0⤋
You have to get her name off the title first before you can sell it.
2006-12-15 07:05:25 · answer #6 · answered by IT'S JUST ME ! 7 · 1⤊ 0⤋
No if they left that long ago they have no rights to the house.
2006-12-15 07:00:02 · answer #7 · answered by TKKD 1 · 0⤊ 1⤋
YOU NEED TO CHARGE HIM WITH ABANDONMENT BE FOR YOU DO ANYTHING SO YOU CAN GET HIM OFF THE DEED
2006-12-15 07:05:13 · answer #8 · answered by KISS 2 · 0⤊ 1⤋