Orlando, FL asked in Real Estate Law for Florida

Q: Can I sell my house without written consent from my ex husband

My name and my ex husbands name is on the deed but only his name is on the loan, when we were divorced in 2015 the agreement was that I would stay in the house for as long as I could afford the payments and if at sometime I couldnt that the house would either go Foreclosure, short sale ect... and if there was any money extra we would split it. I have tried to continue to stay in the house but I have used up what I had in savings and I am a veteran but the check I get from the VA just barely covers the mortgage the agent that has been trying to help me get into a house i can afford suggested that I try to find out if I could sell this house without his written consent I could use my share of what was left after the mortgage company was paid off towards helping me get into a home I could afford, I m asking do i need to get his signature cause I havent seen or heard from him since divorce I figured try to get what I could from the house instead of just letting it go in foreclosure

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If the title is on both of your names, he, as well as you, would have to sign a deed to sell it.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Most likely no, you would not be able to sell the house without his consent and his signature on the deed. There might be language in your divorce decree to require that he deed you the home, but the facts you state about splitting the profits sounds to me like you both own the house.

You might want to consult with your former divorce attorney to see if there is anything that can be done within your divorce case based upon language in the divorce decree.

Hope this helps and good luck,

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