Can my ex-husband sell the house if it was awarded to me in the divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my ex-husband sell the house if it was awarded to me in the divorce?
The loan is in his name; I make the payments. He has failed to pay alimony and child support.
Asked on December 11, 2011 under Family Law, Utah
Answers:
Sharon Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
I am a NY lawyer. The answer to your question is likely no. However, since I have not seen documents, it is impossible for me to be certain. However, the only person who can sell a house is the person whose name is on the deed to the house. If the deed is in his name, then he can convey marketible title. You may need to put a lis pendence on the property (a lien) to prevent the sale. If the deed was not transfered to your name becuase of the mortgage, this is something you need to straighten out. Get a refi on the house and transfer the title to yours as per the decree. Likely, the mortgage has a due on sale provision in it. You should consult a lawyer. Sharon M. Siegel, Esq. www.siegelandsiegel.com 212-721-5300.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.