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My ex husband purchased a home before we were married, we…

my ex husband purchased a...
my ex husband purchased a home before we were married , we refinanced the home and my name is ***** ***** the deed. He has put the house up for sale without me knowing. can he do that?
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Answered in 13 minutes by:
3/15/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. The short answer is that he can list the home for sale, but if you remain on the deed, no sale could be completed without your signing off on the sale (transferring your ownership interest). A couple of other issues may arise given the facts you provided. If he owned the house before you were married, you refinanced during your marriage, and now are divorced, it would matter if and how the home ownership/home was handled during your divorce (e.g., was he granted full ownership in the home as part of the division of your marital assets). Also, if you refinanced the home together and you still have liability on the note and mortgage from the refinance that is something that most often also would have been dealt with as part of the divorce. If these issues were addressed as part of the division of your property for the divorce, that divorce decree or order would control and thought your signature may be required for the sale, if he was granted the right to sell it or was to get full title/deed, you are likely bound by that order. If the divorce left the home deeded to you both - was there any instruction how to divide proceeds if sold. If you want to provide additional information, I am happy to provide a more fact specific response; simply reply to this email if you wish to send more details. The specific date in which you were divorced and/or in which the property is located may be helpful as well.

If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 1 month ago
Thank you, ***** ***** a non contested divorce no property was divided. we refinanced the house in Oct of 1998 and divorced in July of 2011 we lived in Edgecombe County.. I'm just curious if he can sale the house without my input.
Customer reply replied 1 month ago
Thank you, ***** ***** a non contested divorce no property was divided. we refinanced the house in Oct of 1998 and divorced in July of 2011 we lived in Edgecombe County.. I'm just curious if he can sale the house without my input.?

He can list it, negotiate a price, etc. but you would need to sign off on the deed. If you believe you have any interest in any of the funds that may be obtained as a result of the sale, you would want to explore that and perhaps, if you two are on amicable terms, discuss it with him. If property was not divided at the time of your divorce, was there an agreement that there was no marital property that needed to be divided and, if so, how did the two of you view this home (as his property or as your property jointly)? Answers to these questions may alter the situation.

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