interspousal transfer grant deed

[DJMAGNUM4CE]

What is the name of your state? CA

Question(s) : I have been divorced for 8 years. Ex-wife has recently remarried and is selling the house we both are on title( both of our names are on the deed/title). she is currently wanting to sell the house and is wanting me to sign a interspousal transfer grant deed. And has also told me that if I refuse, that I will be responsible for any and all attorneys fee and court costs, when she takes me to court about this.

I feel I should be compensated for my financial interest in the sale of the property. Ok, my Questions.

1) Can i be legally forced to sign over my ownership of the property?( we were legally married for 9 years and living together for 7 of those years, before legally separating.)

2) If this does end up in court, is it actually true that I would be responsible for the attorney fees, and court costs?

3) what rights do I have as a co-owner as far as the sale of this property?

Thank you,

Douglas G

Covina, CA

[LdiJ]

Originally Posted by DJMAGNUM4CE

What is the name of your state? CA

Question(s) : I have been divorced for 8 years. Ex-wife has recently remarried and is selling the house we both are on title( both of our names are on the deed/title). she is currently wanting to sell the house and is wanting me to sign a interspousal transfer grant deed. And has also told me that if I refuse, that I will be responsible for any and all attorneys fee and court costs, when she takes me to court about this.

I feel I should be compensated for my financial interest in the sale of the property. Ok, my Questions.

1) Can i be legally forced to sign over my ownership of the property?( we were legally married for 9 years and living together for 7 of those years, before legally separating.)

2) If this does end up in court, is it actually true that I would be responsible for the attorney fees, and court costs?

3) what rights do I have as a co-owner as far as the sale of this property?

Thank you,

Douglas G

Covina, CA

You need to drag out your divorce paperwork and see what that says about the house. It would be quite unusual if that wasn't addressed during your divorce. If the divorce awarded the house to her, without financial compensation to you (perhaps because there was no real equity at the time)....then you could be held in contempt of court from refusing to sign the transfer deed.....and yes, you could end up responsible for all attorney fees and expenses related to the case.

If your court documents are silent on the issue of the house....then its unlikely that you would be required to pay her attorney fees and expenses.
However, unless you have been paying for half of the mortgage for the last 8 years...then there is little chance that a judge would award you more than half of the equity that existed 8 years ago. If there was little to no equity at that time....then you may spend more on your own attorney fees than you might gain.