Can my ex-wife prevent me from selling our house, only my name on the deed?

Question:

Can my ex-wife prevent me from selling our house, only my name on the deed?

My ex-wife and 18 year old daughter have been living in our home for a year now after the divorce. The divorce decree stipulated that the house would be sold and the assets split after my daughter graduated from high school. Now that that date is approaching she is giving me a lot of grief about selling the house. Only my name is on the deed, she signed a “quit claim deed” last time we refinanced. Can I sell the house without her cooperation?

 Answer:

It sounds like the house belongs to both of you. In all probability, if the proceeds are to be split, then you probably do not have the right to just sell the house, in fact, you two are probably required to agree on any sale.

As well, you might have a tough time selling the house if she is living in it and refuses to cooperate with showing the property.

If the decree states that the house is to be sold after the child graduates, you can not start sooner.

I would suggest that you have an attorney review the Decree to advise you of your options before trying to do anything.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

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