selling my home, but ex wife on mortgage

[mrdlau]

What is the name of your state (only U.S. law)? Oklahoma

When I purchased my home, my then wife's and my name were on the mortgage. After we divorced, we apparently forgot to do the refinance to get her name out (we were young and dumb). Our divorce was done by a paralegal, and the decree does however, state that the home belongs to me. I even had her sign a quit claim deed saying the home belongs to me, and it is filed at the court.

With that being said, when it is time for me to sell the home, would I be able to do it, without her present? Would all profits on the home, if any, be made payable to me?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Oklahoma

When I purchased my home, my then wife's and my name were on the mortgage. After we divorced, we apparently forgot to do the refinance to get her name out (we were young and dumb). Our divorce was done by a paralegal, and the decree does however, state that the home belongs to me. I even had her sign a quit claim deed saying the home belongs to me, and it is filed at the court.

With that being said, when it is time for me to sell the home, would I be able to do it, without her present? Would all profits on the home, if any, be made payable to me?

You had a paralegal practicing law without a license? When was the quit claim deed filed with the recorder's office? What court was it filed with because that normally is not where it gets filed. You may have issues due to the fact that you had an unlicensed person "do" your divorce. Take all the paperwork to an actual attorney.

 

[mrdlau]

You had a paralegal practicing law without a license? When was the quit claim deed filed with the recorder's office? What court was it filed with because that normally is not where it gets filed. You may have issues due to the fact that you had an unlicensed person "do" your divorce. Take all the paperwork to an actual attorney.

The divorce occurred in sept 2009, and the quit claim deed was done October of 2009 also. I don't know the exact term of the place it was filed at, but it was filed with the court clerk (cleveland county court house, norman OK). I was able to request certified copies from them and they were able to pull it up.

Yes, I had a paralegal do it. I now realized I didn't do it the correct way.

 

[OK-LL]

If your ex-wife signed a quit claim deed from ex-wife to ex-husband, each identified as a single person, and that quit claim deed is filed in the records of the Cleveland County Clerk's office, your post-divorce transfer is likely satisfactory, barring any defects on the document itself. In the alternative, if the divorce decree contains language instructing the parties to execute such a QCD and in lieu of that the divorce decree itself will serve as a document of transfer, then if you can't get the ex-wife to sign a QCD you can instead file the divorce decree in the land records to effect the transfer. Her name on the mortgage will not affect your ability to deed the property to a buyer.