Asked in Real Estate Law, Divorce and Family Law for Oklahoma

Q: Do I need my ex-wife’s signature to sell my home in Oklahoma City after divorce?

I am trying to sell my current home in Oklahoma City after being legally divorced from my ex-wife for several years. She no longer lives at the address, but she is on the deed because she had to legally sign during the purchase process when we were still together. Our divorce was uncontested, and there are no specific agreements regarding the property in our divorce decree. She has expressed that she wants nothing to do with the house. Do I need my ex-wife’s signature to sell the home?

2 Lawyer Answers

A: Based on your facts you presented, there being no reference to the property in the decree, then yes she will have to sign for you to sell the house. In the alternative, you can file a quit-claim deed to have her removed, then when you are ready to sell she would be off the deed. Either item will require her signature.

James L. Arrasmith
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Answered

A: Since your ex-wife is still on the deed to the home, her signature would typically be required to sell the property. The deed indicates joint ownership, and even though she no longer lives there, she still holds legal rights to the property unless otherwise specified in the divorce decree or other legal documents.

Given that your divorce was uncontested and there were no specific agreements made about the property, the easiest way forward is to reach out to her and request that she signs the necessary documents to transfer her ownership. While she may have expressed that she wants nothing to do with the house, she still holds a legal stake in it.

If she refuses to sign, you may need to seek legal assistance to address the matter. An attorney can help you determine whether a court order is necessary to remove her from the deed or allow the sale to proceed. It’s important to resolve this issue before listing or selling the property.

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