Clifton Park, NY asked in Real Estate Law, Divorce and Family Law for New York

Q: Can I sell my half of a house co-owned with my ex-wire? We are both on the mortgage.

Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.

2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you can ask a judge to change the ownership to tenants in common but you will need to justify why.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You can sell it if there is no prohibition in you divorce decree or the stipulation you entered into (if there is one). The divorce dissolved the ownership by husband and wife. Of course anyone that buys your half would have to wait the 3 years for the house to be sold.

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