Divorce final, Both names on the deed


#1

The divorce is final. I want to put the house on the market now. Both of our names are on the deed (which was signed before the marriage) but only my name is on the mortgage. I currently reside in the house. If he doesn’t want to sign the papers to put the house on the market, can I sell it anyway or will I have to file some sort of motion or complaint to get him to comply?


#2

Since it appears an equitable distribution action was not filed prior to the divorce, you will now need to file an action for partition.

Or at least that’s what I was told during my divorce if the divorce went through before anybody filed for E/D.

Pretty much you need all parties on the deed to sign the paperwork when the house is sold, and failing to do that is a show-stopper for closing. You need him off the deed somehow, either by getting him to agree to sign a quitclaim deed, or a partition action.


#3

Golfball is correct. You still own the home jointly, as tenants in common, and both parties’ signature is necessary to list and sell the home. If the ex does not agree, you will have to file an action under Real Property law to partition the home, normally the court will order the property sold.