Is divorce decree enough to sell home without ex getting involved?

[ragnarok]

What is the name of your state (only U.S. law)? Indiana
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Hello, 3 years ago I got a divorce. It was a mostly clean divorce and my ex-wife used the divorce form from the Indiana state website. We had/have a joint home. She is on the deed and mortgage. In the divorce decree it was stated that she had no further interest in the home. The decree did not stipulate that I had to sell or refinance, only that she had no further interest. I am preparing to sell the home in the next couple of months. My question is this: is the decree enough documentation to sell the home without getting my ex-wife involved and signing off on the deed/mortgage? She did not contribute any financial resources in the home. My concern is she will attempt to get half of the equity that I've built in the past 3 years (have invested 15K in remodeling) and will not sign unless I agree to giving her half. Just trying to get a feel for where I may stand. Wanted to post here and will probably seek advice from a lawyer if they don't charge an arm/leg just to review this simple question.

Thanks!

 

[Zigner]

She is going to need to "sign off" on this...no buyer is going to buy the house without it.

 

[LdiJ]

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

Hello, 3 years ago I got a divorce. It was a mostly clean divorce and my ex-wife used the divorce form from the Indiana state website. We had/have a joint home. She is on the deed and mortgage. In the divorce decree it was stated that she had no further interest in the home. The decree did not stipulate that I had to sell or refinance, only that she had no further interest. I am preparing to sell the home in the next couple of months. My question is this: is the decree enough documentation to sell the home without getting my ex-wife involved and signing off on the deed/mortgage? She did not contribute any financial resources in the home. My concern is she will attempt to get half of the equity that I've built in the past 3 years (have invested 15K in remodeling) and will not sign unless I agree to giving her half. Just trying to get a feel for where I may stand. Wanted to post here and will probably seek advice from a lawyer if they don't charge an arm/leg just to review this simple question.

Thanks!

You need one of the following:

1) She needs to be part of the selling process.
2) She needs to give you a quit claim deed to the property.
3) She needs to give you a power of attorney to act on her behalf.

If one of those things doesn't happen, your only recourse would be to attempt to get a judge to order her to give you a quit claim deed.

 

[ragnarok]

You need one of the following:

1) She needs to be part of the selling process.
2) She needs to give you a quit claim deed to the property.
3) She needs to give you a power of attorney to act on her behalf.

If one of those things doesn't happen, your only recourse would be to attempt to get a judge to order her to give you a quit claim deed.

OK, thanks!

The main reason I asked is because a friend, who works in a tax office, had heard that it MAY be possible to sell the home with just a divorce decree if it was stated clearly that my ex had no interest in the home. When we went through the divorce I had asked her to sign a quit claim deed but she refused unless I "bought her out" of her portion of the home (she thought that meant the total value of the home and not just the equity gained).

Thank you for your help!

 

[FlyingRon]

Your friend is mistaken. If she refuses to comply with the terms of the property settlement/divorce order, you can take her to court to compel her signing the deed, but she's going to have to sign the deed in order for you to sell the property to anybody.

 

[latigo]

OK, thanks!

The main reason I asked is because a friend, who works in a tax office, had heard that it MAY be possible to sell the home with just a divorce decree if it was stated clearly that my ex had no interest in the home. When we went through the divorce I had asked her to sign a quit claim deed but she refused unless I "bought her out" of her portion of the home (she thought that meant the total value of the home and not just the equity gained).

Thank you for your help!

You and your legal expert friend" ought to take your divorce decree to a convenient Starbucks where it plus 4 bucks or so will allow you to share a medium size cup of cappuccino .

While sipping away you and he can contemplate the stupidity of going through the divorce process without you ending up as the sole record owner of the home free and clear of any right, title claim or interest in your then wife. Because the language in the decree as you relate it stands for some but not enough and you and ex-wifey now own the home as tenants in common with each owning an equal undivided share of the whole. But think of the money doing it yourselves saved you.

Anyway I wrote "some but not enough" advisedly because there is a possible solution. And that would be via what is known as a Nunc Pro Tunc Order - Latin meaning now for then. Essentially it amounts to the court ordering now what it should have ordered before.

How? Because it seems that it was the intention of you and your wife that you should take the home and assume the mortgage debt. If the court records indicate so, then you could file a motion for a nunc pro tunc order and in a sense correcting or amending the decree to reflect that intent or understanding. However it is not a DIY project!

On the other hand if you ex is amenable you could have your attorney prepare a quitclaim deed in which she grants unto you all of her right, title and interest in the home. WITH the proviso that you agree to assume the mortgage debt and save and hold her harmless. In other words in exchange for the quitclaim you would agree to assume all future financial responsibilities relating to the home.

On the opposite hand if she is smart she will insist that in exchange for the QCD you must first refinance the mortgage note thus leaving her debt free of that aspect of the marriage.

But do not think that you can simply ask the court to rewrite the decree or order her to sign a QCD. The courts not retain jurisdiction over such doings and they're are not about to reopen the case whimsically. You need to convince them that there are grounds to reopen.

 

[adjusterjack]

When we went through the divorce I had asked her to sign a quit claim deed but she refused unless I "bought her out" of her portion of the home (she thought that meant the total value of the home and not just the equity gained).

Might be cheaper and faster to pay her for her signature on a quitclaim deed rather than litigate.

Whatever it costs you, you brought on yourself by not getting this right at the time of your divorce.

 

[stealth2]

Your ex would be a fool to sign a QCD until her name was off of the mortgage.