Q: When I divorced my first husband more than a decade ago, we agreed that I would keep the house. Now, I want to sell it, and I am being told that he must also sign the deed. The problem is that I have not spoken with him in years and have no idea how to get in touch. What can I do? — Janet
A: There is a distinction between agreeing to do something and actually following through with it.
Winning the house in a divorce does not automatically remove the departing spouse from the home’s title. Your ex still needs to officially transfer their interest in the property to you through the proper legal process.
While many former spouses lose touch, and it can be challenging to locate them, finding your ex and obtaining a deed is often the simplest and most cost-effective solution. Utilizing the internet, especially social media, can be helpful in tracking them down. Consider reaching out to mutual friends or former in-laws who might be able to assist in getting in touch with your ex.
If you locate him but he refuses to cooperate, you will need to return to court. Review your marital settlement agreement and divorce decree; although time has passed, you are both still bound by these documents. If he was supposed to transfer the house to you, he would need to fulfill that obligation. You may have to reopen the divorce case and request that the judge compel him to comply.
If you cannot locate him, you will need to return to the divorce court. Our legal system ensures that everyone has the right to their day in court, and the judge will want to confirm that he had the opportunity to participate in this new proceeding before hearing your case. Therefore, be prepared to show your various efforts to find him.
Once the court is satisfied that the house was intended to be transferred to you, it can remove his name from the title of your property, allowing you to proceed with the sale.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at [email protected], or go to SunSentinel.com/askpro.
