Selling House with dual title while seperated

[Greenthumb]

Jurisdiction

California

I want to sell my house, my separated wife is on the title, she has not lived in the residence for 8 years, and I paid every mortgage payment and property tax on it from my accountants. She she still due a percentage on the sale by law, or do I have a right to all of it?

 

[ElleMD]

You are still married. Any proceeds from the sale are joint property.

 

[army judge]

I want to sell my house, my separated wife is on the title, she has not lived in the residence for 8 years, and I paid every mortgage payment and property tax on it from my accountants. She she still due a percentage on the sale by law, or do I have a right to all of it?

The best way, the smartest way to divest yourself of the home is file for a divorce.
Engage an attorney to secure your divorce, and as part of the divorce action, she can be noticed, and the home sold.

 

[adjusterjack]

I want to sell my house, my separated wife is on the title, she has not lived in the residence for 8 years, and I paid every mortgage payment and property tax on it from my accountants. She she still due a percentage on the sale by law, or do I have a right to all of it?

California is community property. You really screwed yourself by not getting divorced long ago. You would have taken a much smaller hit.

You can't sell the house without her signature on the sale papers and when it gets sold the escrow company will make the check out to both of you and you can fight out who gets what then unless you can reach an agreement prior to closing and give the escrow company written instructions (that you both sign) as to how the proceeds are divvied up.

Good luck with that.