How canI sell my house if my ex-wife’s name is still on the deedbut she refusesto take her name off in violation of a court order?
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How canI sell my house if my ex-wife’s name is still on the deedbut she refusesto take her name off in violation of a court order?
My ex-wife and I had a house that we bought together. We got divorced and she was ordered to sign papers sto take her name off of the deed of trust so that Icould sell it. I’m in the military and I have to move to another base in 4 months. She refuses to sign it and I can’t sell my house unless she does. I can’t afford another house unless I sell this one. I’m currently in Afghanistan and I am having a hard time taking care of all of this from here. I sent her the deed to sign several times but she says she won’t do it just to be spiteful. Is there any way to sell it without her signing?
Asked on February 6, 2011 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, unfortunately, she will have to sign. Since you are deployed you may want to consider giving a family member that you trust a specific Power of Attorney to bring an action on your behalf against your ex wife for contempt of the court order and to force her to execute the agreement. This is really the way to go. She is in violation of the court order. Judge's do not take kindly to litigants ignoring their orders. And the fact that you are in the military and deployed, well, that is just spiteful (but isn't that typical of divorce anyway?). You may not need to hire an attorney to do this but it may not be a bad idea. Good luck to you and be safe. Thank you for serving our Country.
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