Force ex off deed of home

[valerieu]

Jurisdiction

New York

7 years ago I divorced my husband. At the time I was told that my house was going into forclosure. It has taken 7 years to get the forclosure papers. I now have an opportunity to do a short sale and my ex husband refuses to sign the deed. I am the owner of the house, he is only on the deed. Is there any way to force him to sign the deed? Also, I have heard that if forclosure papers are not received within 6 years the house is yours. I find this hard to believe but If it's true I would be able to sell the house for more since no one has lived there in over 7 years, Thank you for any help you can give me.

 

[ElleMD]

If his name is on the deed, it is his house. Whether you can use the court to compel him to sign off on the sale depends on the terms of your divorce. You can find the laws on foreclosure here


N.Y. Real Prop. Acts. Law §§ 1301 to 1391

 

[Highwayman]

Speak to your divorce attorney, I'm sure they deal with these types of things.

 

[Michael Wechsler]

Unfortunately this may take a while. You're probably best served retaining an attorney because this is a complication which will most certainly hold up a short sale and any sale of real estate. And since time is of the essence and the amount of money at stake likely to be large, speaking to your divorce attorney first - if you had one - would probably be a good first step. Good luck.