The divorce papers have been signed and filed, and regardless of whether or not the couple parted ways amicably, there may be some loose ends that still need to be wrapped up. The problem of the family house is a significant one. Who owns it, who has the rights to sell it, who may live in it, and who has the ability to sell it? If you filed for a DIY divorce utilising internet resources for assistance, it’s possible that you skipped over this step. If, on the other hand, an attorney handled your divorce and the matter was not resolved, you should demand a refund of your money and look for another attorney since there is no one solution to the problem. Everything hinges on the state in which you reside, the year in which you purchased the home, the person whose name is on the deed, the person who has the title, and the person who is responsible for paying the mortgage.
In the event when both the husband and the wife are named on the deed, but the mortgage is in the name of the husband, you will require a quitclaim deed signed by the former wife in order to consolidate the responsibilities of the deed and the mortgage into a single name.
Read the Deed
Bring out the papers pertaining to your mortgage and go through the deed to the property. If you and your ex-wife have title to the property as joint tenants, then the home is owned equally by the two of you. Even listing the home for sale requires both parties’ signatures, much alone actually closing the deal on the property. You will be able to sell your portion of the home without getting her consent if you own it as a tenant in common, but just your portion. Titles are different from deeds because titles describe how ownership is held and enable ownership to be transferred, whereas deeds just state who owns something. The written document that provides the title is referred to as the “deed.”
Community Property Means Joint Ownership
Even if only your name is on the deed and you’re the one paying the mortgage, the house is considered community property and both parties have an ownership interest if it was purchased during the marriage in a state that follows the community property model, such as California. This is the case even if you are the one who is paying the mortgage. If your former partner is in a good mood, selling the property won’t be difficult at all. When you sell the home, she will just have to sign the deed in the capacity of a grantor. If she signs the contract, the transaction will go through even if it costs you a few more dollars to make a “good faith” donation. If, on the other hand, you already owned the home before to being married, you are free to do anything you want inside of it.
Owning as a Sole Owner
Only your name will appear on the property deed if the state in which you reside does not recognise the concept of communal property and you are the only owner of the home. You don’t need your ex-signature spouse’s to sell. Even though your ex-name wife’s was never on the title of the property, it is still a good idea to have her sign a quit claim deed in a state that follows the community property model. If she used her salary to pay the mortgage, taxes, or any other expenditures related to the home, she would have an equitable claim to the ownership of the house. In order to avoid complications in the future, you should have her sign a document waiving any prospective rights now.
Using a Quitclaim Deed
A quitclaim deed is one of the most straightforward methods for transferring ownership of a piece of land. Regardless of who currently owns the property, one solution that may be reached that is amicable is to have your ex-spouse sign a quitclaim, which indicates that she is relinquishing ownership of the property and transferring it to you. When dealing with property that is going to be sold in the future, after the divorce, this strategy is often suggested by attorneys who practise in the field of divorce law. The significant caveat here is that filing a quitclaim does not release either party from their responsibility to pay the mortgage. If the initial mortgage paperwork show both parties as accountable and the divorce does not contain an indemnification provision for payment, you need to make sure your ex is freed from the mortgage obligation by speaking with that attorney once again and ensuring that they do so. That could persuade her to sign the document.
Compelling a Sale
If you and your ex are unable to come to an agreement over the sale of your shared property, you can consider taking your attorney with you before a family law court and asking him to order the sale. A forced sale may occur depending on the laws in your state when neither party has the financial means to buy the other out and it is impossible to refinance the property due to problems with either one’s income or credit. The only option left for you two is to sell the home and find somewhere else to live.