House is in my name and not my ex-husband
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
House is in my name and not my ex-husband
divorce decree states when house is sold he gets half – question is does he have
to sign/ok the sale
Asked on June 4, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If he is on the deed or title, then he must approve the sale as an owner. All owners must consent to a sale unless one of them goes to court for an order requiring the sale notwithstanding a lack of co-owner consent. (This is something the law allows one owner to do when the two or more owners of real estate cannot agree as to what to do with it--a court can order a sale and the division or distribution of the proceeds. This is traditinally called a legal action "for partition," though your state may have a different name for it.)
If the home is titled only in your name, then since you are no longer married, you do not need his approval or consent to sell; you just have to make sure you honor the terms of your decree and give him his half the proceeds.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If he is on the deed or title, then he must approve the sale as an owner. All owners must consent to a sale unless one of them goes to court for an order requiring the sale notwithstanding a lack of co-owner consent. (This is something the law allows one owner to do when the two or more owners of real estate cannot agree as to what to do with it--a court can order a sale and the division or distribution of the proceeds. This is traditinally called a legal action "for partition," though your state may have a different name for it.)
If the home is titled only in your name, then since you are no longer married, you do not need his approval or consent to sell; you just have to make sure you honor the terms of your decree and give him his half the proceeds.
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.