QUESTION
Since we are already divorced, can I force him to buy me out and get my name off the deed?
Asked on Sep 30th, 2013 on Divorce - New York
More details to this question:
My husband and I divorced 2 years ago and built a house together in 2003. When we divorced he told me that since we had no equity in the house I was not entitled to anything. I've since found out that isn't true. It depends on the value of the house. I am on the mortgage and have been told he cannot take my name off legally without me knowing.
3 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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This question is confusing and hard for me to understand. Please re-phrase it in a more understandable and detailed form and I will be happy to respond to it.
Answered on Oct 01st, 2013 at 10:55 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The hazards of not having an attorney in a divorce..You have to look at the divorce judgment.. if it says something about the house you will have a very hard time proving that you did not give up your equity during the divorce at this late date unless you have proof that he lied to you (e.g. that his statements were in writing) even then it will be hard. But alas.. He can refinance and take your name off the mortgage without your signature.. But he cannot sell the house if it is your name also.. so the question is whose name is the title to the house? If it is not in yours and only his he can essentially do what he wants.
Answered on Oct 01st, 2013 at 4:34 AM
Bruce Provda
That's right if you are on the deed he cannot sell the house without your signature, neither can you.
Answered on Oct 01st, 2013 at 3:33 AM