QUESTION
Can get my ex husband's name off of our house that we bought together even if we are not divorced yet?
Asked on Oct 16th, 2013 on Divorce - Rhode Island
More details to this question:
My ex husband and I have been legally separated since 1996. We both have a together that we got in 1994. Ever since 1996 he hasn't lived here, I got left with the kids the mortgage. I kept it up ever since. He also won't divorce me and he still wont sign his name off of the house, its been 17 years. I feel like there is some way around this. I just want to divorce him, sell the house then move.
7 ANSWERS
Divorce Attorney serving Bingham Farms, MI
at
Gottlieb & Goren, P.C.
Update Your Profile
Divorce is the least complicated solution.
Answered on Oct 22nd, 2013 at 5:04 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
If he will sign a quit claim deed you can have the home in your name alone. If not you must sue for divorce. That is the only remedy the state recognizes.
Answered on Oct 17th, 2013 at 4:44 PM
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
Was there language in the decree of legal separation that awarded you the house? Or were you simply awarded exclusive use and the responsibility to pay the mortgage? When you say legally separated i assume that you mean with an order from the court granting a decree of legal separation. You should consult with an experienced family law attorney in your area, bring a copy of the decree of legal separation if one exists, and discuss your options.
Answered on Oct 17th, 2013 at 11:49 AM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
Once there is a divorce filed, there is an automatic restraining order against both parties which orders them not to dispose of any community assets (including a home). You need to finalize the divorce, either through a Default Judgment (if he never even filed a response) or by going forward with a Trial (if he filed a response and you two can't come to a settlement Judgment together). If he doesn't show up for the trial and he has been given notice, that is his problem, but you can get orders to sell the house.
Answered on Oct 17th, 2013 at 7:27 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
You could have divorced him years ago. You just need to file a divorce. He doesn't have to agree.
Answered on Oct 17th, 2013 at 7:26 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
If you are actually legally separated, it is very easy to convert it into a divorce in WI.
Answered on Oct 17th, 2013 at 3:03 AM
Bruce Provda
You can divorce him talk to an attorney. The house will be distributed in the divorce and since you've been paying the mortgage a large part od it will be yours.
Answered on Oct 17th, 2013 at 3:02 AM