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When I got my divorce granted, I did not do a quick deed. Although the divorce states that he has no claim to any money up the sale of the property, I was told that this would not stand up in court. How do I go about trying to sell this since we cannot find him. He bought a boat about 4 years ago and could be sailing the world for all I know.

What can I do??

apexoffice · Posted: Thu Jul 17, 2008 6:44 pm Post subject:

That is a tough one. If he is still on the deed, he still partially owns the property. You would not be able to sell the property without his signature on the warranty deed for the new buyer. The best thing to do is find him and have him sign a quit claim deed and have it filed which will release his interest in the property, then you can sell it yourself. Another option is a power of attorney for his signature but it would still require finding him. I know this isn't the answer you were looking for but unfortunately there isn't much else you could do if he still owns interest in the property.

Niicss · Joined: 03 Oct 2005 Posts: 1039 154.84 Dollars($)

Welcome susan.

The divorce decree says that your ex-spouse don't have any right on the property. So you are the sole owner of the property. I feel you have the right to sell the property as you are the sole owner now. By the way, you should consult with an attorney before selling the property.

jheard · Posted: Mon Jul 21, 2008 7:35 am Post subject:

Go back to divorce court and have the judge order the property interest transferred. Check with a family law attorney.

Alternatively, do a "quiet title action". Get a real estate attorney for that.

Unless you can find him and get him to sign a deed, the only other way to transfer the property is with a court order. You will need an attorney for that.

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