Home Selling in 36605>Question Details

Renee, Home Seller in 36605

My home is in my name and my ex husband is on the deed. Does he have to be involved if I sell the house?

Asked by Renee, 36605 Tue Dec 29, 2009

My home is in my name and my ex husband is on the deed. Does he have to be involved w/the paperwork if I sell the house?

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7
Hi Renee,
I'm a realtor in Mobile (08) and have just dealt with a divorced couple who had to sell their house. If his name is on the deed then he will have to ok the sale. Check with your lawyer first, though. In my circumstance, I represented the couple, separately, and communicated with each of them so they wouldn't have to talk with each other if they chose not to. I negotiated a price that each of them could agree on as well. This kept their sale out of the legal system which was great, because if the judge insists on a sale and the couple can't agree on a price, the courts take it over, the judge appoints a realtor, the realtor gets a 10% commission, and nobody (but the realtor) comes out on top. I would strongly recommend that you get a realtor you're comfortable talking to who is patient and persistent, and get her to list your house for you as well as communicate with your ex. It'll be much less stressful on you and you SHOULD get the same, or more, than if you sold it yourself!!! Good luck!
0 votes Thank Flag Link Wed Dec 30, 2009
Yeah, he does.

I'm pretty certain that there's not a title insurance company in the country that would insure title with your ex-husband on title and him not signing anything.
0 votes Thank Flag Link Tue Dec 29, 2009
Yes, he is still considered an owner--but what is your attorney advising you to do, he/she is your best source for accurate information.

Anna
0 votes Thank Flag Link Tue Dec 29, 2009
The paperwork that your ex will have to sign will vary by state, although if the people purchasing the house are taking out a mortgage, and your ex's name is still on the deed, he will have to sign the HUD1, or give you or someone else Power of Attorney to sign for him. One way to get around having him involved with the sale is to transfer the deed over before the home is sold.
0 votes Thank Flag Link Tue Dec 29, 2009
I've had a client in that situation. Divorce documents stated that she got the house; however, x husband still had to sign.
0 votes Thank Flag Link Tue Dec 29, 2009
You will probably need to check your divorce papers to see how the house is to be settled. In most states whoever is on the deed is the legal owner of the house. If you received the house in the divorce, then your ex husband will need to sign off on his homestead rights for you to sell the property.
0 votes Thank Flag Link Tue Dec 29, 2009
If your ex husband is on the deed then your ex husband is also an owner. The title company that closes the transaction would be the one to tell you who has to sign the deed, but chances are very good that your ex-husband will have to sign.
0 votes Thank Flag Link Tue Dec 29, 2009
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