QUESTION
Can he legally put it up for sale with my name still on the deed?
Asked on Oct 03rd, 2013 on Divorce - Indiana
More details to this question:
My husband and I divorced 2 years ago after 13 years. In the papers it stated he would retain the house. He now has it up for sale but my name is still on the deed (house paid off 3 years ago). I did not sign anything. Am I entitled to 1/2 of what is made off the house when it sales?
4 ANSWERS
Bruce Provda
If he was given the house as part of the asset agreement then it is his. You should have quit claimed your half to him. If the agreement just says that he can live in it then you should get part of the sale. Speak with your attorney. Unsubscribe.
Answered on Oct 03rd, 2013 at 2:35 PM
Divorce Attorney serving Bingham Farms, MI
at
Gottlieb & Goren, P.C.
Update Your Profile
If your ex-husband was awarded the house, and the divorce judgment properly references the home (legal description), the home can be sold without your participation. By recording the Judgment, your name comes off of the property.
Answered on Oct 03rd, 2013 at 2:18 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
First of all, he cannot sell it without your signature, so unless you agree, he is doing a useless thing. As for how much you get, what does the order say? Does it give you ownership in exchange for him getting something? Or are you only allowed to stay there until the kids are grown?
Answered on Oct 03rd, 2013 at 2:04 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
No, you are not. You are subject to the decree, and failure to execute a deed is not a handy way to just ignore a court order.
Answered on Oct 03rd, 2013 at 1:27 PM