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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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This concerns real estate law. My exwife and I divorced in

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This concerns real estate law. My exwife and I divorced in 2009. I did a quick deed to give her the house and property. However, she has never had the money to refinance the property into her name only. My name is XXXXX XXXXX the loan. In the four years since the divorce, she has never been on time with the payments, thus causing havoc with my credit score. Now she has the property up for "sale by owner". My question is would I be entitled to have the profit from the sale of the property or would I have to sue her for it?
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

You didn't execute a marriage settlement agreement when you divorced or at the time you transferred the title to her?
Customer: replied 3 years ago.

I have an agreement about certain items I could not take with me at that time. However, there was no settlement as far as the property or making her refinance since I knew she didn't have the money to refinance the property to get my name off the loan.

Then regretfully, if you didn't have a marriage settlement agreement or a written agreement as to the property and what would happen if sold, etc. - then you are without any cause of action at this time nor can make a claim for any part of the proceeds from the sale.

You relinquished your legal interests in the property when you transferred title to her.

That you did that without any contingencies.

As such, regretfully, you forfeited your legal interests to make any claim upon the proceeds when sold.

If you had an attorney representing you for the divorce and didn't advise you on that - I would be filing suit for malpractice against the attorney.

I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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