QUESTION
Selling home after quit claim deed recorded.
Asked on Feb 13th, 2015 on Real Estate - Colorado
More details to this question:
Per my divorce decree, I will quit claimed a property to my ex-husband that we have a mortgage on together and he recorded it with the county. The divorce decree also states that he would have 6 months to refinance and if he didn't, we would sell the property and share equally in the gain or loss. He didn't refinance and the property is currently under contract. There will be a gain, so I'm wondering who the check will be written to at closing. Trying to decide if I need to file a lien against the property.
1 ANSWER
3 Awards
This depends on how friendly your x-husband is.
You want your share of the proceeds to come directly to you from the closing agent. Otherwise, you may have to sue to recover the proceeds. Delivering the divorce decree to the closing agent may be sufficient. But, if you are not comfortable with that then you'll need to cloud the title or file a lien.
Good Luck!
Answered on Feb 15th, 2015 at 12:18 PM
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