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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I have a legal separation in the state of MN. The separation

Customer Question

I have a legal separation in the state of MN. The separation gave me the house that has both of our names on it. My ex refuses to sign the paper work to sell the house.What can I do
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of litigation experience. It is a pleasure to assist you today.
First off, you have done everything right up to this point. You have mailed him the proper documentation and thus, effectively placed him on legal notice.
By doing this, and having a record thereof, you have now put yourself in a position to file a motion to compel with a court of proper jurisdiction in the county in which you reside. The object of the motion to compel would be to get an order from the court which makes him sign over his portion of the home.
In an abundance of caution and reasonableness, I would send him one more certified letter with a return receipt with the power of attorney papers as an attachment. In the letter, give him 10 business days from the post mark on the letter to comply. Tell him if he does not, as a part of the agreement requirements, you will take him to court and not only force the issue, but you will also seek damages and attorney fees in the process.
If you have to take him to court, this will be more positive evidence on your behalf of trying to resolve this without court intervention. It will bode well for you in that regard.
Unfortunately, if he does not comply, you are going to have to take him to court to force the issue. That said, since he has already agreed to this in premise, you should not have a difficult time winning the day in court and forcing the issue.
If he does not comply with the court order, he can be held in contempt of court which means he can be fined and even arrested.
Let me know if you have any other questions.
If not, please rate my answer positively.
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks