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Old 05-17-2002, 02:13 PM
reyna214
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Selling house after divorce!!!


I am writing in reguards to my ex husband selling the house we bought together. We got divorced in 1997 and I agreed to let him keep the house because I wouldn't have been able to afford the payments. During the divorce I got released from the loan obligation but I am still on the title of the house. Well now he wants to sell the house. We got married,divorce and bought the house in California. My question is am I entitled to any of the money he receives if he sells it. He can't sell it without my signature because I am still on the title. Can I leagally have him buy me out or not since I am off of the loan. Any advice will be appreciated. Please contact me by email if possible [email]reyna214@hotmail.com[/email].
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Old 05-18-2002, 11:39 PM
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Join Date: Jul 2001
Location: California
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It is true that you would need to quitclaim the house to him before he could sell it. Depending on what was in the divorce decree you may or may not be entitled to any of the equity. You may have already received your share in a "quid pro quo". Part of that may have been free rent or other assets. There is also the issue of appreciated value during the 5 years you have remained in the house.
If you are not entitled to any portion of the equity, he can take you back to court and the judge will compel the quitclaim. Read the decree and speak with your attorney.
Al;though the decree says you are not obligated for loan payments, legally, you still are if your name is on the mortgage. This is probably the case because if he had re-financed, he would have already removed you from the title.

Last edited by vrzirn; 05-18-2002 at 11:46 PM.
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