Divorced, No ED, want to sell house


#1

Hi,

I am recently divorced. Equitable distribution was not a part of the divorce. Me and my ex’s name are on deed and only my name on mortgage loan. Thought I could get ex to sign quiteclaim deed, but he is uncooperative. What can I do now to get his name off deed so that I can sell house?


#2

Your ex doesn’t have to sign the Quit Claim deed. If he doesn’t, he will continue to legally own half of the house, together with you as tenants-in-common. Obviously, this would give him a certain amount of control, so if he refuses to sign the deed, then you need to hire a real property attorney and possibly seek a judicial partition. A Quiet Title action may be applicable to your case, but a real property attorney would best be able to discuss with you your options in that event.