Question

  10/24/12, 3:03 pm
I have been divorced since 2009, but the mutually owned house was not mentioned in the divorce decree (I thought we could have come to an agreement on our own… big mistake). My ex-wife moved out and I stayed in the home attempting to manage the mortgage alone. I was turned down for refinancing the mortgage in my name. So, in June 2011, I began the process of putting the house on the market as a short sale. My ex-wife agreed to the short sale but wouldn’t send the needed documents to the bank/listing agent. The house was taken off the market by the real estate agent because of this. Now I am attempting to do a deed in lieu of foreclosure and it seems like I will run into the same situation with my ex- wife not cooperating to finalize things. She has stated that she does not want to house, so I don’t know what I can do to get rid of this house and attachment. Is there any legal action that I can take if my ex-wife refuses to sign/submit needed documents for a deed in lieu of foreclosure?
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United States   |   New York  |  Property Law
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Answer

Arkady Bukh Says:

Oct 24,2012 5:52 PM

You and your divorce attorney can petition the court for an order to for her to sign over her share of the house to you, or in the alternative and order that she must sign any documents necessary for you to sell the house, splitting the profit if any. It doesn't sound like there will be a profit, but that is probably what the order would say. Do consult a divorce attorney about this and carefully go over your final decree with them.


Arkady Bukh
Bukh Law Firm, P.C.
14 Wall Street,New York, NY 10005
212-729-1632
http://www.nyccriminallawyer.com

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