Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
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A: This is not a question that anyone on this forum can answer. The answer may depend on what the original divorce settlement says. If you did not address the house at all, there may be another action like a partition action that you can file. If the house was addressed in the divorce, the divorce decree regarding equitable division is nonmodifiable. This is why it is not recommended you do a divorce on your own without an attorney, because it can lead to problems later on.
Anthony M. Avery agrees with this answer
A: You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped acreage. If the property cannot be divided evenly, the court will order the sale of the property. You will receive half of the money from the sale. Schedule a free consultation to ensure that you get what you are owed out of the property.
A: Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to agree to the sale of the home.
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