When Your Ex Won’t Cooperate in Selling the House
A: There is a distinction between agreeing to do something and actually following through with it.
Avoiding the Legal Quagmire
When you divorced your first husband more than a decade ago, you agreed that you would keep the house. Now, you want to sell it, and you’re being told that your ex must also sign the deed. The problem is that you have not spoken with him in years and have no idea how to get in touch. Don’t worry; you have options.
Finding Your Ex
Winning the house in a divorce does not automatically remove the departing spouse from the home’s title. Your ex still needs to officially transfer their interest in the property to you through the proper legal process. While many former spouses lose touch, and it can be challenging to locate them, finding your ex and obtaining a deed is often the simplest and most cost-effective solution.
Utilizing the internet, especially social media, can be helpful in tracking them down. Consider reaching out to mutual friends or former in-laws who might be able to assist in getting in touch with your ex.
If Your Ex Refuses to Cooperate
If you locate him but he refuses to cooperate, you will need to return to court. Review your marital settlement agreement and divorce decree; although time has passed, you are both still bound by these documents. If he was supposed to transfer the house to you, he would need to fulfill that obligation.
You may have to reopen the divorce case and request that the judge compel him to comply. Be prepared to present evidence of your efforts to locate him and your claim to the property.
If You Cannot Locate Your Ex
If you cannot locate him, you will need to return to the divorce court. Our legal system ensures that everyone has the right to their day in court, and the judge will want to confirm that he had the opportunity to participate in this new proceeding before hearing your case.
Be prepared to show your various efforts to find him, such as social media searches, hiring a private investigator, and contacting mutual friends and former in-laws.
The Next Steps
Once the court is satisfied that the house was intended to be transferred to you, it can remove his name from the title of your property, allowing you to proceed with the sale.
Conclusion
In conclusion, finding your ex and obtaining a deed or returning to court are viable options to resolve the situation. Remember to review your marital settlement agreement and divorce decree, and be prepared to present evidence of your efforts to locate him and your claim to the property.
FAQs
Q: If I can’t find my ex, what are my options?
A: If you cannot locate your ex, you will need to return to the divorce court to resolve the issue. The court will want to confirm that he had the opportunity to participate in this new proceeding before hearing your case.
Q: How do I prove I’ve made efforts to locate my ex?
A: You will need to present evidence of your efforts to locate your ex, such as social media searches, hiring a private investigator, and contacting mutual friends and former in-laws.
Q: Can I get a court order to have my ex’s name removed from the title?
A: Yes, if the court is satisfied that the house was intended to be transferred to you, it can remove his name from the title of your property, allowing you to proceed with the sale.
Q: What if I’m not sure about my marital settlement agreement and divorce decree?
A: Consult a real estate lawyer to review your documents and provide guidance on the next steps you should take.
Q: How long will the process take?
A: The length of the process depends on the complexity of the case and the speed at which you can locate your ex or resolve the issue in court. It’s recommended to consult a real estate lawyer to get a more accurate estimate of the timeframe.
