Q: Is a notarized document signed by both parties legally binding in court?
Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can the notarized document be legally binding in court since he already agreed to sell the home jointly in writing?
A: You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.
Matthew Schutz agrees with this answer
The only thing I would have to add to my esteemed colleagues answer is the buyer may choose to sue for specific performance of the contract, that is have the court reporter your ex-husband to sign and transfer the property, or the buyer may sue you both for damages.
Neither is it particularly favorable experience.
A: The answer is yes. The contract to sell may be enforced by an action for specific performance filed by either the buyers or you as seller or perhaps jointly with you and the purchasers sharing the legal costs. Speak to an attorney.
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