Can I sell the house?

[murray1840]

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

We were divorced in 2016, the separation agreement states I have exclusive use and possession of the property, and my ex shall not enter without my permission. I had 1 year to refinance the home, my ex is the only 1 on the loan. I went on disability and wasnt able to refi. My ex had 30 from divorce to remove name from deed, which he did NOT do. Since I am unable to refi, I want to sell the my home. My ex says I cant and he wouldnt sign anything to allow me too. He has been in the home since 3 mths after papers were signed, he will not leave. Can I sell the home without needing him to do anything?

 

[Taxing Matters]

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

Can I sell the home without needing him to do anything?

If his name is on the deed then no buyer will buy it without him signing the deed transferring it to the buyer. You may talk to your attorney about going to court to compel him to cooperate in the sale.

 

[Zigner]

Your ex would be tremendously stupid to sign any sort of document that would remove his ownership interest while leaving him on the hook for the loan. In fact, such an act may even trigger a "due on sale" clause. I think this may be a case of him wanting the money (or an ironclad guarantee of receiving the money) in his left hand before he signs any papers with his right hand.

 

[Zigner]

If his name is on the deed then no buyer will buy it without him signing the deed transferring it to the buyer. You may talk to your attorney about going to court to compel him to cooperate in the sale.

The OP didn't mention that he's not cooperating with the sale. The OP simply doesn't want him involved with it. As part of the closing of any sale, ex can sign documents releasing his interest in the home. The escrow company will be well-versed in this.

 

[Taxing Matters]

The OP didn't mention that he's not cooperating with the sale.

The OP did indicate he would not cooperate:

Since I am unable to refi, I want to sell the my home. My ex says I cant and he wouldnt sign anything to allow me too.

(Bolding added.) So the OP has said he won’t sign to allow her to sell, I think that qualifies as not being willing to cooperate.

 

[Zigner]

The OP did indicate he would not cooperate:



(Bolding added.) So the OP has said he won’t sign to allow her to sell, I think that qualifies as not being willing to cooperate.

Yes, you're right.
Though I wonder if it's because the OP asked him to sign NOW before she has sold, as opposed to signing as part of closing. If he really is unwilling to do even that, then OP will need to head back to court, as you indicated.

 

[murray1840]

Yes, you're right.
Though I wonder if it's because the OP asked him to sign NOW before she has sold, as opposed to signing as part of closing. If he really is unwilling to do even that, then OP will need to head back to court, as you indicated.

Even if it is in the divorce papers that he had to remove his name within 30 of the judge issuing the degree?

 

[murray1840]

Even if it is in the divorce papers that he had to remove his name within 30 of the judge issuing the degree?

And the divorce states I get all proceeds from the sale

 

[Zigner]

And the divorce states I get all proceeds from the sale

In your prior post you stated that you were required to refinance. How does it say both things?

 

[murray1840]

In your prior post you stated that you were required to refinance. How does it say both things?

I had up to a year to refi, he had 30 days to remove his name from deed, which he never did.

 

[Zigner]

I had up to a year to refi, he had 30 days to remove his name from deed, which he never did.

Again, he would be monumentally stupid to remove his name from the deed while remaining responsible for the mortgage. Why? In case you didn't follow through with YOUR part (which you didn't).

This should get back in front of a judge to order a sale with you remaining on the hook for any deficiency between the sale price and the balance of the mortgage. Alternatively, since you obviously don't/won't have the money for that, the house should go to him.

 

[murray1840]

Again, he would be monumentally stupid to remove his name from the deed while remaining responsible for the mortgage. Why? In case you didn't follow through with YOUR part (which you didn't).

This should get back in front of a judge to order a sale with you remaining on the hook for any deficiency between the sale price and the balance of the mortgage. Alternatively, since you obviously don't/won't have the money for that, the house should go to him.

I made a attempt to refi, I was on disability 5 mths after the divorce. I attempted to sell the house then but didnt get any buyers. He may be on the note, but I have made all the payments since then. Since I am not on the note , I have no financial responsibility to even make the payments.

 

[Zigner]

I made a attempt to refi, I was on disability 5 mths after the divorce. I attempted to sell the house then but didnt get any buyers. He may be on the note, but I have made all the payments since then. Since I am not on the note , I have no financial responsibility to even make the payments.

I made an attempt to win the lottery...but here I am. Perhaps another way of saying it is this: Do or do not, there is no try [SUB](Yoda, a long time ago...)[/SUB]

It doesn't matter that you made an attempt to refi...all that matters is that you did not refi. Frankly, you should offer to give the house back to your ex because you simply cannot afford it.

 

[latigo]

I made a attempt to refi, I was on disability 5 mths after the divorce. I attempted to sell the house then but didnt get any buyers. He may be on the note, but I have made all the payments since then. Since I am not on the note , I have no financial responsibility to even make the payments (?).

Correction if you please!

You cannot be a recorded owner of the home and have no personal responsibility for paying the mortgage note!

Not unless your ownership interest was acquired after your former husband purchased the home and after the mortgage lien went of record. (Which would render your deeded interest subject to and subordinate to the prior mortgage lien.) Otherwise the lender's security would be literally useless as it couldn't foreclose against your ownership interest. And no mortgage lender would be so foolish as to loan against only a partial ownership.

Frankly, because of this and other contradictions in your post I don't think you are capable of accurately describing the contents of the decree. It could be as foolishly drafted and short sighted as you have present it, but I have difficulty believing that a conscientious judge would sign it.

 

[Just Blue]

I made an attempt to win the lottery...but here I am. Perhaps another way of saying it is this: Do or do not, there is no try [SUB](Yoda, a long time ago...)[/SUB]

It doesn't matter that you made an attempt to refi...all that matters is that you did not refi. Frankly, you should offer to give the house back to your ex because you simply cannot afford it.

Yoda has the best advice.