I am trying to sell my home but husband owns 20%. He is wanted in Massachussetts for non payment of child support for 18 years for 3 children . He lives in Florida and can only be arrested if he returns. I have been divorced over 20 years and need to sell home but he has 20% ownership, so I need to change the deed. How can I do it
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selling property and ex owns 20%
- Thread Starter ljuano
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The only way to do that legally would be to have him sign over his share. In other words, buy it from him. Your other option is to go to court and petition for an order that would allow you to sell the house, and then send him 20% of the value. Better yet, DON'T give him the 20%. What is he going to do? Sue you? Probably not, but even if he did, you could deduct the cost of upkeep over the last 20 years that he did not pay and he still wouldn't get anything. So go get that order.
jharris352
New Member
Two things make no sense in your post. If he is wanted in Massachusetts they can issue an arrest warrant and pick him up in Florida without breaking a sweat. But since that doesn't affect your other question I'll leave it at that.
The second thing I don't understand is the "I've been divorced 20 years" but he still owns the house. You may not be explaining this well and if I'm right your problem is easy.
The short answer is, you can't change the deed without his signature or a Judge's order. The good news is that I think you already have that order in your divorce decree. No lawyer, or Judge for that matter would give you a final divorce decree and property settlement without determining who could negotiate the property.
My guess is that the property settlement in your divorce decree gave you the house but obligated you to pay 20% of the proceeds of any sale to him. If that is true then you have the power of sale by whatever mechanism the Decree set up. Check your divorce decree. He is either ordered to sign away his portion on demand in exchange for 20% or there is some other mechanism for you to sell the property and him to protect his interest.
The last thing I would say to you is to notify Massachusetts that he is about to receive 20% of your proceeds so they can garnish it. If you can't figure this out, go to an attorney with your Divorce papers and for a small fee they will explain it to you.
The second thing I don't understand is the "I've been divorced 20 years" but he still owns the house. You may not be explaining this well and if I'm right your problem is easy.
The short answer is, you can't change the deed without his signature or a Judge's order. The good news is that I think you already have that order in your divorce decree. No lawyer, or Judge for that matter would give you a final divorce decree and property settlement without determining who could negotiate the property.
My guess is that the property settlement in your divorce decree gave you the house but obligated you to pay 20% of the proceeds of any sale to him. If that is true then you have the power of sale by whatever mechanism the Decree set up. Check your divorce decree. He is either ordered to sign away his portion on demand in exchange for 20% or there is some other mechanism for you to sell the property and him to protect his interest.
The last thing I would say to you is to notify Massachusetts that he is about to receive 20% of your proceeds so they can garnish it. If you can't figure this out, go to an attorney with your Divorce papers and for a small fee they will explain it to you.
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