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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I got devorced in 2007 with 2 property's joined. 1 I sold

Customer Question

I got devorced in 2007 with 2 property's joined. 1 I sold right after the devorce but the other one I moved into. Now I'm wanting to sell it but my ex,her name is ***** ***** the deed. I also can't find her and she may also be deceased from what I heard any way. How do I go about getting her name off of the deed?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 5 months ago.

Hello, I am an attorney and am happy to assist you today.

In your situation, unfortunately, you need to go to court and do a title clearing action. If she has passed away, you are going to have to find that information out for the judge. In that case, the court will settle the matter and give you a court order taking her name off the deed, if you held interest as "tenants by the entireties" which is usually the case if you are married. If you were just "joint tenants" then you have to see if your divorce order says that she was supposed to take her name off. If so, you are all set. If not, then her share will go to her heirs, so you would need them to sign off on any sale.

So either way, you need to get this before a judge to get it corrected before the property can be sold.

Please let me know if you have any questions about this.

Thanks

Kim

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