Taking Possession of Marital Property (House)


I’ve been divorced for about 8 yrs.

My name is still on the deed to the house we owned while married.

ED was never pursued.

There is no mortgage on the house.

My ex has since re-married and moved - the house is vacant.

My ex didn’t pay the property taxes on the house for 2008 and now I’m incurring the tax liability since my name is still on the deed.

Question #1: Can I legally assume possession of the vacant home?

Question #2: What would be her likely recourse if I did?

Question #3: How do I get my name removed from the property deed?


You should pursue and action to partition the property, and the taxes owed on the same. You and your ex now own the property as tenants in common and still jointly own the property.


While reviewing my filings and records - I just noticed this:

Does this change anything?

My ex requested ED in her Answer & Counterclaim back in 1999 when I filed for divorce, but she never filed an Affidavit. Can she still do that or has time run out for that claim?

Thank You in advance.


I would assume the courts have long since dismissed her action for failure to prosecute the claim. You should take a look in the court file to ensure no ED judgment was ever issued.