QUESTION
Is there any possible way to sell the land given to me as a wedding gift without my ex-husband’s signature?
Asked on Jun 21st, 2013 on Estate Planning - Michigan
More details to this question:
As a wedding gift, a piece of land was given to me by my now ex-husband. I want to sell it but he refuses to.
17 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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What does your divorce decree say regarding the parcel?
Answered on Jun 28th, 2013 at 10:14 PM
That depends on how the land is titled. If it is in joint tenancy with right of survivorship, you will have some difficulties. You would need to have it deeded to you and him in 50% shares and you could then sell your share (if you could find someone willing to buy 50% of land). If the land is titled in your name only, you would not need his permission.
Answered on Jun 25th, 2013 at 9:17 PM
It depends whose name is on the legal title and whether there are any other binding legal commitments that stop you from selling.
Answered on Jun 25th, 2013 at 1:09 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Do you have a deed from the former husband? Evidencing his intent to make a wedding gift? Is his name still on the property? If so you cannot transfer clear title. litigation will be your option. Obtain yourself a real estate litigation attorney to represent you, and maybe a settlement can be reached.
Answered on Jun 24th, 2013 at 10:01 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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More information is necessary. If this was truly a gift , then your ex has no interest in the property. If he retained an interest, then it was no a gift. He may have added your name to the title. That is different. In that case, you need to work something out with him. Alternatively, one of you can go to court to have the property partitioned. In that case, the judge could order one of your to buy out the other or for the property to be sold.
Answered on Jun 24th, 2013 at 10:01 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If he made a gift to you of the whole parcel, then you would be the only owner of the land, and could sell it if you want. If he gave an undivided one-half interest in the land to you (which spouses often do: "to me and my wife") then that should have been resolved in your divorce judgment.
Answered on Jun 24th, 2013 at 10:00 PM
3 Awards
It all depends upon how title is held. If you are both on title, then he has rights. This information is only intended to give general information in response to an inquiry.
Answered on Jun 24th, 2013 at 10:00 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Was it given to you? Or were you simply made a co-owner? If he and you have interests in the property, you probably can force him to sell by suing for partition.
Answered on Jun 24th, 2013 at 10:00 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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It depends how it was awarded in the divorce decree. If you were both awarded an interest then you either must both agree or he needs to buy you out. If he won't, you may be able to force a partition sale.
Answered on Jun 24th, 2013 at 10:00 PM
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If you can prove it was a gift, it is possible. If it is titled in both of your names, it will be difficult. If you have evidence of the gift.
Answered on Jun 24th, 2013 at 11:42 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If only your name on the deed you do not need his permission. If both names you would have to file an action to force the sale.
Answered on Jun 24th, 2013 at 11:41 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The answer should be found in the divorce decree.
Answered on Jun 24th, 2013 at 11:41 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you don't have his consent, you will have to file a partition lawsuit to divide the property.
Answered on Jun 24th, 2013 at 10:04 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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This Ustinov is unclear. If he gave it to you then it was titled in your name and you have the right to sell it. The property should have also been resolved in the divorce. If it was outside the divorce decree and it is yours I am not sure he can stop you.
Answered on Jun 24th, 2013 at 9:20 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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It depends on how the property is titled. If both names are on the title, your husband would have to join in any title transfer. If just your name is on the title, his signature would not be necessary.
Answered on Jun 24th, 2013 at 9:14 AM
The deed. If he deeded the fee simple interest in the land to you, yes, but if he put you on the deed with him as tenants by the entirety, not. Start with the form of the deed to the land to uncover just whose name is on the deed.
Answered on Jun 24th, 2013 at 9:14 AM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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If both you and your ex-husband are on the title to the land, you may need to file a partition action in order to sell it. That is a complicated matter, so it may be useful to consult with an experienced real estate attorney in the county where the land is.
Answered on Jun 24th, 2013 at 9:13 AM