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Can you sell your house without your husbands consent you have been divorced for 6 years and you have paid the mortgage?
If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.
Does divorce decree take precedence over original recorded property deed?
Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.
Joint Tenancy Warranty Deed vs Divorce Decree If a warranty deed is in Joint Tenancy and a divorce decree says its a 60 40 split which document rules?
Ok the property is held in joint tenancy which means upon the death of one of the joint tenants, the property, by operation of law, passes to the survivor. The Divorce Decree (Judgment) does not effect this. Now if a memorandum of the Divorce Decree was recorded it would become a lien on the property and would eventually have to be satisfied from a sale. If both of the joint tenants are alive, the Divorce Decree controls. If one of the joint tenants dies the estate of the deceased joint tenant would have a claim against the surviving joint tenant under the Decree. Tony B.
How do you remove an ex-spouse off a Texas home title The house was mine prior to the marriage I have a pre-nup and the final divorce decree returned the separate property back to me?
Your divorce attorney should have assisted you with obtaining a deed from your ex. You could contact that lawyer and ask assistance now. If your ex will not execute a deed that conveys their interest to you then you can obtain a certified copy of the final divorce decree that ordered the return of the property to you and record it in the land records.
Has the executor of my ex wife's will got the same right over our house as myself?
It depends on the wording of the deed and the wording of the divorce decree. It is entirely possible that they have the same rights you do.
How do I get Ex to sign over deed to home Court ordered 4 years ago has been out of state just found out he gave new girlfriend a quit claim deed to my home?
Defendants who refuse to execute deeds pursuant to a court decree in a divorce are not uncommon. In Massachusetts, a certified copy of the divorce decree ordering the conveyance can be recorded in the land records and will transfer the title of the defendant. The attorney who represented you at the time of your divorce should have followed through on this issue at that time. You should call her/him and ask if the recording of the decree will effectively transfer your ex-husbands interest and if so you should get that decree recorded ASAP. You should also ask the attorney to check to see if the deed to girlfriend was recorded and if so what effect that deed would have on the title. Attorneys should be encourged to follow through on legal matters they have been paid to handle.
If you paid the equity to your spouse from your divorce how can you remove their name from the deed?
Answer: In a Massachusetts divorce where the decree provides that W pay a dollar sum to H and H conveys his interest to W, if W pays and H refuses to sign a deed then the court decree can be recorded and the recording of it will convey his interest. You should have proof in your divorce file that you paid him. The payment should have been exchanged for the deed by your attorney.
How do you get your missing ex wife off your home deed in Mississippi?
In the case of marital property, the division should have been addressed at the time of the divorce and in the divorce decree. In most jurisdictions, if one spouse was ordered to convey their interest in the marital property as part of the divorce judgment and they didn't execute a deed, the decree can be recorded in the land records and will transfer title. If the issue of the division of the marital property wasn't brought up at the time of the divorce then you need to obtain a voluntary deed from your ex-wife that transfers her interest to you. She will likely want some monetary consideration in exchange for her deed. If your ex-wife cannot be found then you must take the matter to a court of equity and petition to have the property titled in your name and her barred from making any future claims.
How do you take your ex spouse off title insurance?
An Owner's Policy only covers the actual owner of the property. When the property is awarded to a party in divorce proceedings, that person remains "in title" (still on the deed) and the original Owner's Policy is still in effect covering that person since they were on the original deed as well when the property was obtained.The non-titled (person who was not awarded a continuing interest in the property by the divorce decree) automatically falls off the title policy since their interest is transferred off by the divorce proceedings and they no longer own the property.If you are looking to take the ex-spouse off an existing deed as the result of divorce proceedings, contact your real estate attorney and s/he can prepare the proper deed vesting the interest solely into the awarded spouse with the proper legal language referencing the divorce decree.
Are there costs associated with a quit claim deed divorce?
All divorces require filing fees in a court. These may include an additional fee for issuing a decree of divorce. If there are no children and no disputed assets, the parties may agree that one will file a quitclaim deed in favor of the other. There is a small fee to record the deed. In some states, such as California, recording a deed may trigger a property tax increase. Consult an attorney or accountant to prevent or minimize the increase.
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
Do both spouses have to be on the deed even if they are separated and only one of them is buying the property?
All this is much easier with a divorce decree. However, most lenders will require a notarized quit claim (a specific format may be needed) from the spouse who is not on the deed--and they will not include the spouse's income or put the them on the loan.
